Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-09-13
JURORS DENY
ANY lNT0XICATI0N
CONTINUED from Page ~


when he bid them good night; that Nc
Duffie. an officer of the court, was
standing at the door while he was in
the chambers, and, finally, he denies
that either himself, Lucas or Paris
were then or at any time, from begin
uing to end of trial, intoxicated
Fred West tells OF his having asked
the attorneys to take a drink, mean
ing thereby to offer them the same re-
freshments he was about to take him
self, sandwiches and beer: he denies
conversation about the case and in
toxication. and says the sandwiches
were paid for by the jurors and the
beer given by Juror Juen.
A. McDuffie, one Of the officers in
charge of the jury on the occasion, de-
scribes the rooms used for their ac-
commodation the night of the 4th, one
Of which was Judge Gears. He states
than when the jury was brought into
the courtroom on the morning Of the
9Th. there was no watch kept over the
former chambers Of Judge Humphreys
or the other rooms where the jury had
been, nor were said chambers or rooms
locked, and so far as deponent knew
were accessible to the general public.
George Roenitz, s. A. Walker, Thorn
as Lloyd, Charles Bon, David Hoapili.
Ed. Towse, John Hills. Harry Juen,
Fred West, Geo. H. Paris, F. e. Rich
ardson and Thomas Lucas, the jurors
who tried the case, eacn for himself
deposes:
THAT he was a Juror impaneled and
sworn to try the above cause; that
from the inception Of said trial to its
end he was not under the influence of
intoxicating liquor OF any kind; that
said verdict Of said jury was arrived at
after mature elaboration and upon
careful consideration of all the evil
dence in said cause; that each juror
for himself says that careful attention
was paid to the evidence as It was
brought out from time to time during
said trial, and to the arguments OF
counsel and instructions OF the court
that each Juror for himself says that
he brought to the consideration of said
cause, from its inception to its con-
clusion. clear, sound judgment, unin-
fiuenced by liquor in any form; and
denies that said verdict was rendered
by minds influenced by the consump-
ton OF intoxicating liquor; that he
knows nothing OF a bottle partially
filled with whisky being paced in the
chambers Of ex-Judge Humphreys, and
that he did not place the same there"
Mr.. Reynolds called Thomas r. Luz
cas-, one Of the Jurors.
Mr.. Cathcart objected to receiving
any oral evidence at this stage.
Judge Gear sustained the objection
hut consented to hear argument before
making the ruling absolute.
Mr.. Reynolds quoted 55th Maine as
authority and said 1t was not intended
to attack the jury for any conduct after
II was charged by the court to consider
its verdict, but for what happened
while the trial was pending before thu
delivery of the charge by the court.
| Judge Gear asked Mr.. Reynolds 4
the opinion expressed in his affidavit
that Jurors were incapacitated from
giving a true verdict by reason Of in
toxication, was based on what he saw
in the building on the night Of the 4th
Mr.. Reynolds declined at first to an
swer the question. but the court in
sisted, and then he said It might hav,
been partly what he Vaw and partl!
what he found out later.
Judge Gear asked why he did no
produce affidavits of the additional in
formation, also why he had not Gale,
the courts attention on the morning
of the 9th to what he believed to hav
been misconduct of the jury and thel
and there move that the jury be dis
charged.
Mr.. Reynolds indicated by his repl
that he considered the time had no
come for moving against the jury III
til after its verdict was rendered. i
other words, the circumstances wer
as yet suspicious rather than convint
ing.
Judge Gear informed him that h
had no right to gamble on a verdict
He added that II counsel based hi
charge against the jury upon what h
had seen in the courts chambers tina
night, then he was derelict in his dut
for not bringing the matter into coul
at the first opportunity and not wa
until an adverse verdict was rendered
Mr.. Reynolds complained bitterly {
the censure administered by the cour
saying If 1t was just then he should b
disbarred. He had worked hard da
and night in the interests of his clier
from the time he was assigned to h
defense Again he claimed the rigl
to put on witnesses to support the ge,
eral charges of the affidavits. II
urged that 1t was the duty of the cour
in matter of life and death, to hold
strict investigation into the conduct
the jury. Still he declined to state Il
facts he intended to prove by oral e'
dence.
Mr.. Cathcart said the defendant
counsel was only trying to fish for eI
dence. Why did not he present af