The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-10
| THE WOES
OF JURORS
JuryOut All Night
in a Petty
Case.
CHINESE THREW
FRUIT AT ACTOR
Millionaires Sitting on Case-The
Days Doings Before Judges
Little and Gear.

a jury since one o'clock yesterday aft
ernoon which is considering the case.
of Chinaman. who even if given the
limit for the crime of which he is
charged, could not be fined more than
hundred dollars or sent to Jail for six
The jury is composed of J. B. Ather-
TON. s. NJ. Damon. P. C. Jones. E. S,
Holt, George Nawaakoa, A. w. Pear
Krouse, Oscar Cox, B. Naukana and
E. K. Hanapi. The jurymen are evenly
divided and there is no more prospect
of settlement than when the jury
made its first report to Judge Gear.
The case had some amusing features
aside from the fun the jury is having.
All Fong is the name of the defendant,
who is the source of so much worry
to the wealthy jurymen and incidental
ly their families. He is charged with
the horrible crime of having assaulted
a Chinese police officer All On, in the
discharge of his duty, while at the Chi
ness theater. On the night of May 10th
the defendant was one of a very large
crowd at the Chinese theater where the
Flying Jordans were giving an exhibi-
ton not at all in accord with the ad-
vanced ideas of the audience. In fact
the gymnastic exhibition was met not
only by storm of disapproval but also
by a storm Of rotten oranges, tomatoes
and other choice but -overripe fruit.
The defendant in this case was pointed
out by the Waterman as one OF the
gentlemen who were expressing their
disapproval of the performance in this
time honored fashion, and forthwith
the complaining witness and a native
officer attempted to arrest the offender.
What happened then is best told by the
officer himself.
st went up to him with the native
officer" said An On, and asked this
defendant, why he throw the oranges?"
What happened them" asked Mr..
Douthitt
HE punched me. He said he threw
the'oranges. A bag Of fruit was on the
seat where he was sitting"
Did you have on your badge"
Yes / had on my badge, but he
punched me anyway"
Where did he strike your
"On the night Of the 18th of May"
mot when, where did he strike you ?"
ST tried to take him out, and ne
punched me again, against the wall"
'"Then he ordered the people to punch
me, and I went outside to the theater,
with 200 people following
You say you asked him why he did
it and he struck your"
Il asked him why he did it. and he
said the actor played it wrong"
The defendant in the case was put
on the stand In his own behalf, and
denied making the assault, or that he
threw rotten oranges. The court ques-
toned him as to whether the show was
good or rotten, but the witness de-
clined to express an opinion. Half a
dozen of his countrymen corroborated
his story of the affair, and the COM
planning witness had his tale of woe
corroborated by the native officer ana
several other witnesses.
The jury in the case was instructed
and sent out at 1880, and returned IN
half an hour with a report that they
were unable to agree. j. B. Atherton
as foreman, said the jury stood SIX
to six with no prospect of a change.
The first vote had been seven 10 i've,
and then changed to an even division,
remaining six to six at every ballot.
The jurymen were sent to the Grill
for lunch, In charge of Bailih Ellis, the
court considering that they might still
reach a verdict. Upon their return
they were again locked up, and at 1870,
by agreement between Attorneys
Douthitt and Andrade, a sealed YER
dict was to be delivered into the hands
of the clerk If reached. A little before
6 o'clock the anxious jurymen began
to get worried over their long vigil In
the jury-coop, and one by one they
came out and asked permission to In
form their families Of the predicament
in which they found themselves. This
privilege was allowed them, and there
still being no agreement, the jury was
taken to dinner. About o'clock the
jury was taken from the stuffy jury
room into the large Circuit Court room
where they remained for over an hour.
still not able to reach d verdict, and
evidently not trying to very hard. An
aggravating incident that happened
JUST DtlOIS was Ike dp-
pearance of B. F. Dillingham; in his
fine turnout driving past the Judiciary
building, and waving a fond adieu to
his friends on the jury. who were lean
ing out the window. He had been ex-
cused yesterday by Judge Gear for the
term.
/ At $3.50 the jury was taken to the
Hotel, where a cottage had
been prepared with beds and cots for
their reception, and there, with Bailiff
Ellis as guardian they spent the night
And the poor Chinaman, cause of ali
the trouble, is enjoying his liberty upon
q bail bond of fifty dollars.
In the case of All Soon. charged with
cbstructing All On in the performance
Of his duty on this same occasion, the
prosecution concluded its case. and the
defense will continue this morning at
the opening of cotrt. The defendant
fled a motion for dismissal on the.
ground that there ives 10 warrant, but
the court denied the motion. The case
is being heard by the following jury;
., 7