The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-13
GEARS JURY
DRANK BEER
Enjoyed a Night in
Chambers Of
Court.
NOW FERRIS ASKS
ANOTHER HEARING
Jury's Misconduct May be Reason
for Murderer Receiving
| New Trial.

chambers is the allegation made
against the jury which found George
Ferris guilty of murder in the first de-
gree, by Reynolds and Peters, attorneys
for the defendant, yesterday.
Ferris was brought into court yester- |
day morning for sentence, at which |
time the motion for a new trial was |
presented, with the further request for
a postponement of sentence until after
the motion had been passed upon. The
jurors are charged with having used
liquor to such an extent as to have in
fiuenced their verdict, though the alleg-
ed misconduct occurred the day pre-
vious to the conclusion of the trial
Affidavits to rebut this allegation will
be filed by the jurors this morning, in
which it will be admitted that beer was
used with sandwiches partaken of by
the jurors. but it is denied that any of
4
uor There is no allegation that Gear
was present with the jury at the time
of their alleged misconduct, though this
matter will probably be gone into this
morning if Judge Gear allows the call
ing of witnesses as has been requested
| by the defendant. Judge Gear was in
his chambers during the early part of
the evening, but the affidavits make no
reference to him whatever.
| In the motion for new trial it is
alleged that the jurors were allowed to
separate during the trial and that the
jury was guilty of misconduct tending
to prevent a fair and impartial consid-
Grafton of this case in this, that the said
jury SO impanelled partook of intoxi-
eating liquors during the trial of said
cause"
The affidavits filed by Peters and
Reynolds in support of this allegation
are almost identical in form. After
stating that the jury had been regu-
larly impaneled and given supper at the
Grill, it is set out that the jurors were
returned to the Judiciary building and
given quarters in the old stenographers'
room.
i The affidavit by Peters then alleges:
THAT thereafter, at the hour of 1880
o'clock p. M, or whereabouts, while
your affiant was in the said Judiciary
building and in the corridor leading
from the library therein, your affiant
met and greeted Fred West, Esq, a
member of said jury, he, the said Fred
West, being then leaning against the
railing of said corridor in company
with others to your affiant unknown;
and the said Fred West then and there
did invite your affiant to have a drink,
and he moved and walked toward said
lrooms SO set apart for said jury as
aforesaid, but upon the refusal of your
affiant to SO partake of drink with him,
the said Fred West, he, the said Fred
West, returned to the said railing, and
your affiant left him there; that your
affiant verify believes and so deposes it
to be the fact that the said Fred West
referred TO whisky or beer or some 9TH
er intoxicating liquor, and is informed
and verify believes and so depoSes it
to be the fact that there was at said
time beer and whisky in said rooms so
set apart for said jury for the use of
said jury and that the same was used
by the said jury; that your affiant did
thereafter, and in company with E. c.
Peters, Esq, proceed down the corri-
dor in said Judiciary building toward
nd ar
turning midway in said corridor did
return on the opposite side thereof and
go to and enter the chambers of the
Hon. George D. Gear, Second Judge of
the First Circuit Court, when and
where your affiant did see beer in bot
ties and in glasses upon the table in
said chambers, and did see then and
there seated Mr.. Thomas Lucas, Mr..
George Paris and Mr. F. E. Richard
son, they and each of them being men,
bers of said jury as aforesaid, and your
affiant and z. c. Peters saw then and
there seated Mr.. Thomas Lucas, Mr..
George Paris and Mr.. F. E. Richard
son, they and each of them being men,
bers of said jury as aforesaid, and your
| e'AhoAl anu ~ L. 1NeyiloIuS, ESD, were
then and there by the said jurors and
each of them invited to partake of beer
in the hand of said Thomas Lucas and
an open bottle of beer in the lap of said
Thomas Lucas, and your affiant and
the said c. f. Reynolds were then and
there invited by said Thomas Lucas to
have glass of beer, and upon the re-
fusal of your affiant and said c. F.
Reynolds to partake Of the same, your
aff1ant and c. F. Reynolds were then
and there and each Of them invited by
the said Thomas Lucas to have a glass