The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-09-13
JURORS ASSERT THAT
CHARGE IS PIPE
DREAM
HAD FEW DRINKS OF BEER BUT
NOT ENOUGH TO INTERFERE
WITH THEIR DUTY-sTATEMENT
OF MAJORITY OF JURORS.

Two glasses of beer was the limit
drank by any of the jurors who found
George Ferris Kentucky Bill" guilty
fmurder in the first degree.
Two of the jurors admit that they
drank beer, but not to exceed two glass
es. The question of whether there was
whiskey in the jury room was rather
side tracked by the affidavits.
The matter came up before Judge
Gear this morning on the motion for a
new trial for George Ferris now under
sentence of death. The motion for
new trial was supported by attidavits Of
G. f. Reynolds and Il. G. Peters, attor-
neys for Ferris setting forth that while
the case was before the jury some OF
the jurors drank beer and that there
was a bottle or part of a bottle OF
whiskey was found in one of the rooms
occupied by the jury during the trial Of
the case.
Judge Gear refused to allow attorney
Reynolds to read the motion for new
trial and the affidavits in support of it
saying he had read it. Thereupon Mr..
Reynolds wanted to call all jurors who
We're all in court in answer to sub
poenas to the witness stand, to find
out by an oral examination of them just
how much liquor was drank.
Deputy Attorney General Cathcart
objected and Judge Gear promptly sus-
tained it. Mr.. Reynolds wanted to ar
que the matter before there was a rul-
ing and Cathcart proceeded to read at
fidavits from the members of the jury.
A. McDuffie one of the officers who
had charge of the jury stated in his atfi-
daVit his recollection of the circum-
stance of Juror Fred Vests invitation
to Attorney Peters to come and have
a drink on the night of September 4.
He says the jury had just received some
sandwiches. He explained also the ar
rangements of the rooms occupied by
the jury; that the old stenographers'
room was used as the sleeping room,
eX-J Judge Humphreys chamber as the
wash room the ante-room as the read
ing room and the hallway and Judge
Gears chambers, the lounging and ex-
ercise rooms. When the jury was not
occupying these rooms they We're not
watched nor locked in and might have
been accessible to the general public
Fred West in his affidavit says he
drank not more than two glasses Of
beer; that at no time from the be-
ginning to the end of the trial was he
under the influence of intoxicating Ii
quor," He says that the sandwiches
We're paid for by the Jurors, and the
beer was given by Juen, one of the
! jurors. West recOuntS the Circun1-
stances given by Reynolds and Peters
in their afTidavits. His account does
not seem to differ materially from that
of Reynolds and Peters.
! In an omnibus affidavit the whole jury
unite in saying that none of them were
under the influence of liquor during the
whole trial and each juror for himself
! says that "he brought to the considera-
| tiOn of said cause, from its inception to
| it's conclusion, a clear sound judgment.
| uninfluenced by liquor in any form, and
/ denies that said verdict was rendered
| by minds influenced by the consump-
! tion of intoxicating liquor; that ne
! knows nothing of bottle partially fill
ed with whiskey being placed in the
| chambers of EX-Judge Humphreys, and
1 that he did not place the same there
| Reynolds read authorities to show
| that it was in the discretion of the court
1 to hear oral evidence as to pos sibla mis-
conduct of jury or jurors. He claim
! ed that he had shown that there was
! liquor in the jury room and thul it was
! proper for the court to go on and inves-
! tgate and find out how much and Il (
| had had any effect on the verdict.
Judge Gear refused to allow any oral
testimony at all denying the motion.