The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-11
:
EN- ERR AIMS
Jury in All Fong
Case Was Expen-
sive Luxury.
AND THE GUESTS
], ENJOYED IT NOT
Millionaire Jury Disagrees. and a
Second Jury is Secured Which
Finds Chinese Guilty.

Twelve angry, determined jurymen
hled YEARLY into the courtroom just
before noon yesterday, and stood fac
ing Judge Gear awaiting his com
mands. They had spent the night and
day as the guests of the Territory of
Hawaii, and while they had no objec-
ton to the entertainment offered them
they did object to the host, VINO had
given them the outing at an expense
to the taxpayers of some $500. A night
spent in close quarters with a half
dozen men who do not agree with you
| is not the pleasantest sort of pastime
| on any occasion, and when you have to
put up with it whether you will or
/ no, the entertainment becomes both
, irksome and unpleasant. Coupled with
/ that strange bed, and a few jolly,
good natured men out for a lark, no,
matter what your wishes are; and you
| can perhaps gain some idea of how
/ those twelve miserable jurors felt
about the time they were discharged.
(, yesterday morning. AS an added dis,
| comfort the business men had thoughts
| of steamers, coming and going, and
unfinished mail to be dispatched before
a certain hour The appearance of the
| twelve men did not at all belle their
feelings. They were Disguised, anc
looked it, Only the foreman deigneG
to even look in the direction of the
man who had sent them to prison for
twenty -four hours, and he only be-
7 cause he was compelled to answer
questions. Those who were fortunate
enough to be in the lead as the jury
returned to the room, leaned YEARLY
against the railing of the jury box,
while the remaining members shifted
from one foot to the other, as the court
tried to explain at length that it was
not his fault, and If he did do it, how
sorry he was that it had all happened
The jury took his remarks without the
slightest change of expression, or any
attempt at reply, and waited resign
edly until the courts little comedy had
been acted to the finish, though prob
ably some harbored deep thoughts
against the unsuspecting Celestial who
sat in court an unconscious witness
of all the trouble he had caused.
Have you arrived at verdict?''
asked Judge Gear after the twelve men
had taken their places in front of the
jury box.
We have not" answered J. B. Atm
erton, convincingly, in reply
Can you indicate how the jury
: stands?"
six to six, the same as yesterday
afternoon"
The court then asked the attorneys
in the case if they had any objection
to the discharge of the jury, and both
Douthitt and Andrade replied that
they had not
The court will discharge the jury
then" Judge Gear then continued
The court would have discharged you
last night, but could not find the at
). torneys, and could not do so of its
own motion. The jury should under
stand that they are to deliberate. not
to simply take ballots. It wasn't sur
ficient for the jury to come in yester-
day as it did. and report that YER
dict was impossible; the court has q
right to ask jury to deliberate, and
in case there is juror opposing the
remainder he should be taken aside
and argued with by the remaining
members. The court can't tell the jury
that 1t must agree, but it has right
to require that an effort should be
made to get verdict. If there has
been any inconvenience suffered by you
gentlemen it Is to be regretted, and Ii
the attorneys could have been reach
ed last night you would have been dts
charged then. The jury is excused
until tomorrow morning at o'clock ..
One by one the jurymen slowly left
the room, while the court immediate
ly called for second trial of the de-
PENDANT. stating that unless the prose-
!, cution was ready he would discharge
him.
4 From all reports the jury did not
have the most pleasant time during its
!. imprisonment of twenty four hours. :.
b. Atherton, s. B. Damon, A W
Pearson and three natives, were rang
i ed against P. c. Jones, Thos Krouse.
Frank Harvey and three natives Both
sides were determined-that the other
side should give in. None of the jury
men took the affair very seriously un-
til they were sent to the hotel for the
night Then the arguments began
with renewed vigor A parlor was set
aside for their exclusive use, and un-
til long after midnight the oratory of
the men on either side kept the re-
naming guests at the hotel from en-
joying their slumbers. Finally, one of
the men suggested compromise As
| the jury was evenly divided, he
thought the prisoners fate should be
left to chance. Twentyfour ballots
We're prepared, half for guilty, half for
acquittal, and his plan was for each
juror to draw one. The majority OF
ballots should govern, whether fortune