The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-09-10
THEY REMAIN EVENLY DIVIDED
TO THE END.
Long Discussion over a Petty Case
Ends Without Any Result-similar
Case is Quickly Settled.

The jury in the assault and battery
case of All Fong was discharged at
noon today, still falling to agree. The
Jurors We're a disgusted lot. They had
been confined nearly all day yesterday,
all the night, and all this morning, in
petty case in which they stood six to
six.
gentlemen of the jury, have you
agreed upon a Verdict?" asked Judge
Gear, after he had summoned the jury,
at half past eleven.
mo, we have not" said foreman j.
b. Atherton, with a good deal Of posi-
tiveness.
Indicate to the court what the
chances of a verdict are, or how you
Stand" said the judge.
six to six the same as yesterday at
noon," said Atherton. The other jurors
were all silent, but they looked vol
lines. They had put in hard 30 hours.
Twelve men standing six to six on a
lprOp9sitioa they are required to agree
upon cannot be expected to enjoy life
when they are locked up in a small
room. This particular jury tackled the
/ propositions with vigor. This morning
there came from the fury room sounds
of very vigorous argument. The loud
voice Of p. c. Jones could be heard
turning down arguments that were
d
that both sides were doing the best that
could be done to win over jurors.
In the jury room ]. b. Atherton, S.
M. Damon and A. w. Pearson, with
| three natives, stood for conviction. p.
| c. Jones, Thomas Krouse and four
others had doubts about the guilt of
All Fong, and refused to bring in ver-
dict against him. This was the situa-
! ton yesterday at noon and today at
noon. Inc jurors spent the night in a
cottage at the Hawaiian hotel.
In discharging the jury Juuge Gear
said that it was the duty of jurors TO
deliberate, and not to spend the time
IN simply taking ballots. The fact
reported yesterday that so many bal
Iots mad been taken in such short
| time without any result did not seem
sutncient to show proper deliberation.'
said the Judge. Jurors should 20 over
the facts one with another and take up
each juror separately If necessary"
Judge Gear also said that he would
have discharged the jury yesterday
evening if he could have found the at
/ Jorneys. Douthitt for the prosecution
. and Andrade for the defense said thai
Chey did not want the jury kept longer
and the Judge discharged the jury. The
twelve men went for their valises and
started for home, excused until
| o CLOCK tomorrow morning. IHey WeIe
j. b. Atherton, S. M. Damon, p. c.
Jones, e. S. Holt George Nawaakoa,
A. w. Pearson, j. A. Legros, Frank
harvey, Thos. Krouse, Oscar Cox, B.
Naukana and E. X. Hanapi.
The jury in the All Soon case, which
was charge of Obstructing an officer,
growing out of the same facts as the
All Fong case, escaped similar trouble
by instructions to acquit, from the
court The evidence showed that the
officer who had been resisted was not
All On, who was named in the charge
and Gear took the case out of the jury S
hands. The jurors were: j. S. Walker
j. NJ. Camara, b. F. Vickers, w. d
Adms. S. NJ Whitney, William Blais-
dell. A. A. Giles. F. c. Bertelman, V
Fernandez, James r. Shaw, j. A. Nc
Guire, James Olds, Jr.
Judge Gear ordered the All Fong cas-
,tried again at once and the trial L
proceeding this afternoon. The follow
ing jurors are to wrestle with the pro
blem this time: William Buchanan.
p Robinson, Joseph Kunewa, ID. x
Hoapili, V. Fernandez, G.. Kenaohao
A. Fernandez, j. Fabian, r. w. DAVIS
H. Bertlemann, j. d. Cockett, w. r
Chiffon.