The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-30
TRIAL OF BARK FooHNe suETs
MATE JOHN LuNo sg-
GUN YESTERDAY.
The Fifth Circuit Courts September
Term-Lester From Eastern Law
yer-Judse Estee Resurns-Jan-
itor Posts Notice in Library.

Two weeks or 0iIcult examination
and able argument have gone for
naught The HarrisOn-Magoon, or the
Hagey Cure case, went to the jury
yesterday afternoon shortly after
o'clock. the case having been argued
at great length in the morning By At
torney McClanahan for the defendants
and Attorney Robertson for the plain
tiff.
The jury had not been out over an
hour and a half when it returned to
the courtroom and Foreman P. c.
Jones reported to Judge Gear that it
was absolutely impossible for the
jurors to arrive at any sort Of an
agreement on verdict.
L wish to say. Your Honor" said
P. c. Jones, that we have done ouI
best to arrive at an agreement but
that it seems impossible for US TO
become of the same mind. There
seems to be a sincere difference of
opinion and | think that we might ar
que the matter all night and not ar
rive at any different conclusion"
This has been a long case" said
Judge Gear. "and il you think that by
staying out longer you might arrive at
a unanimous opinion. | would be in
clined TO let you remain longer TO
think over the matter"
There are men on this Jury whose
opinions. once they are settled, 1t Is
impossible to change" said P. c.
Jones with the air of one who was at
least willing to swear TO the unehange
ableness of the opinion Of at least one
member of the jury.
Judge Gear inquired of the attorneys
as to what they would wish in the
matter. Did they want the Jury dis
charged at once or were they of the
opinion that it would be advisable te
let them remain out longer, that they
might have another opportunity OF
coming to an agreement.
Both McClanahan and Robertson
thought that the. Jury might be grant
ed little more time in which to con
slider.
The jury once more went out, Judge
Gear announcing TO the attorneys. af-
ter the jury had vacated the room,
that he would keep it out until 4:30
o'clock. anyhow
81 am of the firm opinion that this
jury will never come to an agree
ment." said Attorney McClanahan.
this is no ordinary jury. It is made
up of men of more than ordinary in
telligence and | am sure that there
are men in this jury whose opinions
could never be changed. There are
men in this jury who could swing a
whole jury"
Il would Immediately discharge the
hoA a., 10 10
said the Court, Il think that each
Juror will form an opinion according
to his own conscience and. II he be
lieves that he is right. will stick &c
that opinion. Nevertheless. maj
may easily change his opinion as the
result of argument brought to bear
by men on the other side"
''T don't think the opinions OF these
men win be changed" said McClana
han. Il know that P. c. Jones wiz
never change his mind"
What has that TO do with it," said
the Court You don't know ~-hirS
side he is holding out for. or wherner
he is with the majority or the minor
itv."
Mr. l. c. Ables, who has had prob
ably more experience on juries than
any other man in Honolulu. then
started to tell what he knew about
Jurors
Ables remembered case in Homo
lulu where the jury was kept out All
night and he was obliged to sleep on
the floor without mosquito net. The
inry did not change its diversified
opinion one bit He thought that the
present jury would be a stubborn one
Attorney Magoon then proceeded
10 relate an experience he had in Hilo
with jury. One man held out in
certain case and he could not be per
suaded 10 join the majority. At last
the attorney opposing Aagoon in the
ease moved for the discharge OF the
iury not being in favor OF the Jury
staying out any longer Tt was found
out afterward that the juror who had
been hanging out was the only one
who voted in favor of the opposing
counsel.
Various other "reminiscences were
INDUCED in illustrative OF the methods
Of Jurors.
The Court wanted to know II the at
forneys had any objection 70 the Jury
being asked how the votes stood. the
names OF the parties favored or other
wise not TO be mentioned. There was
no objection.
At 4:se o'clock the Jury was called
into the courtroom aEd asked as 70