The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-12
UHIER H'cllHLHlH
HOLDS UP VERDICT
Makes Tardy Objection
to a Juror in the
Hagey Case.
4 SEALED VERDICT IS RETURNED
JUROR FERNANDEZ ST ONE TIME
TOOK THE HAeEY GOLD
DRUEK-cuRE.
4 SEALED VERDICT IS RETURNED
is Stated That the Verdict Is For
Plaintiff Harrison in About the
Sum Of s12,oOo-Judss Gear viii
Handle Objection Today.

Judge Gear has extended the special
September term OF the Circuit Court
twelve days from and after the last
day Of the term. it appearing to the
satisfaction Of the Court that the in
terests of justice require it.
1t was thought that the Harrison
Magoon Hagey irunk-cure case would
end yesterday morning with the yer.
dict OF the jury, one way or the other.
Such was not the case, however, for
the matter is still hanging in the bal
ance as far as actual results are con-
cerned, although the twelve good and
true men have returned their verdict
in proper and regular manner.
The jury which had been shut up
since 1890 o'clock yesterday morn
ing reached a verdict at o'clock
1t was not given in open court, how.
ever. and now remains sealed In the
possession of Clerk Kaulukou, owing
to an alleged objection to one Of the
jurors at moment when the verdict
was just about to be given out.
1t is stated on good authority that
the verdict is for the plaintiff in about
the sum Of $4,000.
1t seems that Attorney McClanahan.
one of the counsel for the defense
ascertained that one of the jurors had
at one time taken the Hagey Cure
Having failed to find this out at the
proper time, when the jury was being
drawn at the beginning Of the case
McClanahan sought at the last mo-
ment to bring forth an objection on
this ground This morning Judge
Gear will decide whether or not to re-
ceive the verdict.
After the jurors had been locked W
yesterday morning Judge Gear and
several OF the attorneys remained In
the courtroom awaiting verdict
McClanahan was among them as q
representative Of the defendants. A
recess had been taken and the con.
versation naturally drifted to various
methods of drunk-cure.
Someone asked II one Of the Jurors
Vincent Fernandez, had not taken the
drunk-cure at one time. Although
McClanahan had asked no such ques
ton OF Juror Fernandez at the time
the jury was drawn, he immediately
began to act when he heard that
Fernandez had once taken the cure
He made an investigation on his owl
account, asking questions and getting
at the facts. At 4 o'clock In tbs
morning It was stated that The jury
had reached a verdict
When Court opened YESTERDAY
morning Mechanism had the follow
ing statement to make:
Last evening after the case haC
been submitted and after the jury hat
retired a rumor came to the knowl
edge Of defendants counsel that ont
the Hagey Cure. Since last night
| that rumor / have verified. We there
fore offer to prove the fact in con
| nection with motion. which | nov
have to make, that the, Court decline
to receive the verdict il there Is one
and that the jury be discharged. You
Honor can easily see that a man VII,
| has taken the cure Is disqualified t
hear the case A vital Issue In tn
case Is the bona fijes OF the cure.
| Is unfair to both plaintiff and dc
| PENDANT that man who has had ez
perience with the cure. whethe
| pleasant or unpleasant, should sit q
a juror.
at understand that since Your Hon
or and counsel left this morning. tn
Jury have agreed upon a verdict
What IT is I do not know, but whai
| ever it Is. it Is an unfair one, and
now ask to be allowed to offer proc
1 L., r.4 eh
| motion that the verdict be not n
ceived"
| Attorney A. G.. NJ Robertson. 70
the plaintiff. intimated that McClans
| han had received q tip as TO what II
verdict of the jury was and that b
knew that the verdict was agalns
/ him He said that 1t was. counsel
/! business 70 have properly examine
the jurymen before accepting them
McClananan had accepted the jur
and had no legal right TO make sue
an objection at this late date. Fl
| had not examined the iurynen on TIL
drunk-cure point and It was now 70
late.
Judge Gear allowed McClanahan I
offer the proof which he desired
| furnish A Subpoena was issued Il
A Y. Gear, but It was found that :
was at Kahuku- Q. H Berry took q
stand and swore that he knew OF n
own personal knowledge that Fel
randez had tsken the Hagey Ours
Mechanism said that he had had 4
knowledge OF this fart until he hear
il early yesterday morning while q
jury was considering the verdict
| Robertson ooEtenied that the re
| dict ef the jury should be received
Attorneys for defendants though
otherwise.
Railon suggested that the jury 7
turn the verdict sealed. to be SO hsl
until the Court decided what to do
the matter
| This was agreed nn0r AMI ROher
sen has until $50 o'clock this NOR
ing 20 look 40 authorities and senrc
fha rcs-o4a n 60 zrhefhar IIlrlr Fr