The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-03-07
FREED BY
THE JURY
The Two Williams
Are Let OFF
Easily.
drom Thursday dany)

quilted ht Ga furv yesterday 0f the
charge NJ having robbed q. 4 ward "a
store of about s2a0O worth uf ieN'lfA.
The alleged crime was committed last
December ana the two defendants wen"
captured by the police after % sensa-
tianal attempt at nght Bob Williams
was arrested the night the Jewels N'r"
carried % after lively exchange ui
shots with Deputy sherin Chilling
worth. and Edgar Was captured th"
next day az kauhi in q cane helu, after
a long pursuit by thc officers The de
PENDANTS iu the case ar. negroes, and
they bear no relationship Co each other.
The attempt 60 rob was the result ot
a conspiracy which. IL is claimed.
would have been successful had not
the police received Information Of the
job beforehand. and been prepared TO
bag the burglars. The mysterious man
who gave an, snap away 90 Chilling
worth is now said Co., be IN Manila. At
the trial. the fact was brought out that
his name Is O'Conncll, and at the time
he revealed the conspiracy he was un-
der arrest ON a charge of gross cheat.
According 10 the testimony given yes
terday he and these two defendants
were 90 share alike IN he proceeds. but
when he was placed under arrest for
another crime he tufhed states evil
dence 10 offered Co. help catch his aileg-
ed accompllces ln the act. orc nneil
was released 10 carry out his paI, ol
the Job and went 10 the store of Ward,
with these defendants unlocked the
door. helped TO carry cut the trunk
containing the Jewels, and placed them
in "a hack. About this time chilling
worth and brace of officers appeared
ON th" scene and attempted To ggth,r
in the whole outfit. The trurF was
captured. but the burglars csc" ped,
though Bob Wip.8Ws was PLACED und
arrest the same evening. The trunk
was opened at the police station by
ward Who had beer notified Of the
contemplated robbery and was found
20 contain rings witches, chain ard
other jewery, valued at about S25Oo.
The next day Edgar Williams was cap
tured at Kalihi.
At the tiial yesterday the two ne
grOcs were charged with burglary in
the first degrle. and Thomas Fitch and
George Davis Appeared in their -half
The two men were oleged to have
made admission to Chillingwoi + at
the time of their arrest, but Deputy
Attorney General Douthitt was not al
lowed 10 bring this out, Judge Gear
holding that adm issions 10y one d tend
ant when not In the presence Of the
other. could not be used as evidence.
O'Connell, the principal witness for the
prosecution had gone to Manila, a the
Thomas about a month ago, having
eluded the police. and there was little
evidence 90 go 10 the jury. The court
ruled also that If g., was shown that
ha ip q fttT
Of the crime, and thpt he had induced
the defendants TO 60 to the store, they
could not be convicted.
The defense put on but or. "iunss.
Robert williams one of the defend
ants. He said that OConnen had come
to him December 9th. and said that
ne had a trunk he wished him to carry
out, that together wi,h Ed Williams
he went to the rear of Wards store
and with the aid of O'Connell, took tn,
trunk To the gate, where Ed help d to
put it in the hack. That was the only
connection either had had with the
crime and he knew nothing, except
that he had been promised good pay
TO help with the trunk. The argu-
ments were very brief, defendants
claiming that the conspiracy was on
the part of the police, and that the rea
culprit. O'Connell, had been allowed /,
escape The jury was out but half al
hour before returning verdict of not
guilty. The following men composed
the jury: Charles Spencer, Fred Gou
die, T.. B. Blake, J. NJ. Homan, NJ. r
Houghtailing, w. r. Castle Jr., w. +
Jones, +. r. Tannatt James Merse
berg, H. T.. Cares, ID. b. Renear anC
W. Duesenberg.
MCCARTHY RELEASED.
Crimp Mccarthy. who was founC
guilty by a jury of attempt at may
hem, was released on a technically
by Judge Gear yesterday, and will es
cape punishment for the little pleas
antry he engaged in, in chewing kati
Akars ear The Information charged
the defendant with assault by bitins
the ear of the prosecuting witnesses
which II further alleged constituted tn
crime of mayhem, Davis and Biting
for the defendant, moved to have tn
verdict set aside on the sround tina
the statutes contained no such erin
as mayhem. II appears that the pena
laws contain in the index referenc
To the section on Mayhem" but tn
section itself merely sets out the forr
of the crime (Which was set out in tn
indictmenD, but makes no further rel
erence to its being mayhem. The add
ton to the indictment Of the wor
mayhem" MIR. Douthitt contende,
was mere surplusage, and the natui
of the crime had been fully set out
the language of the statute. Davi
however. thought differently, and Gei
sustained his view. holding that ma!
hem was a crime unknown To the Ill
waiian statutes, and the prisoner ";
consequently set free. Mr.. Douthi
stated that Judge Humphreys h'
sentenced several men to prison for u
crime OF mayhem, but Davis said tn
had nothing to do with case befo
Gear
WILL HEAR CRIMINAL CASES
Judge Robinson viii hear Grimm