The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-02-26
CASE TAKEN TO THE SUPREME
COURT.
Attorneys for the Defense Plead the
Disqualification of Juror who Took
The Cure.

A weighty bill Of exceptions has been
filed on appeal I'm the case of Il. II. IIar-
risOn VS. MagOOn ct al. This is the
long fought Hagey cure case. Among
the reasons why the verdict of the jury
should be set aside Kinney Ballou and
McClanahan cite the alleged disquaH-
iiCatiOn of juror Vincent Fernandez.
on account of his having taken the
Hagey cure before the trial. This uues-
ton was raised just before the verdict
was given. and it is now one of the
principal points made i'm the Supreme
Court
The attorneys set forth the case at
leusun m Juclr appeal After stating
how the case went to the jury, late on
October 10, they continue as follows:
THAT thereafter on the 1lth day OF
October, 1901 and between the hours
of II and a. m. of said day, and after
said case had been argued by counsel,
the jury intruCted, the case submitted
and the jury had retired to consider OF
their verdict rumOr was circulated
and came to the knowledge of certain
of the defendants i'm said case and their
attorneys to the effect that one of the
jurors in said case, to wit Vincent Fer
nandez, had heretofore taken the
Hagey gold cure for alcoholism; that
such rumOr was, by the defendants and
their attorneys thereafter verified and
that on the cOnvening, of court at 1880
a. m. of said day to wit, October If,
1901, the defendants by their counsel.
made known to the court the fact above
recited and set forth, and then and
there offered to prove the same, and at
the same time made this motion, that
the court decline to receive the verdict
If there was one, from the jury that
the jury be discharged and a retrial
ordered.
THAT at such time counsel for de-
PENDANTS stated to the court and con
tended that one of the vital points In
said case was and is the bona fides Of
the gold cure and that any man who
had taken such cure must necessarily,
have formed an opinion with regard to
the merits Of the case, and must neCes-
sarily have been disqualified as a juror
i'm the trial of such case; that defen-
dants had been misled by the answers
to the questions asked of said juror
Fernandez on his voir dire, i'm that the
juror had stated under oath, that he
had not formed or expressed an opinion
with regard to the merits of the case
and that he did not know OF any rea-
son why he could not be a fair and i'm
partial juror in the case.
"Thgt during the morning of the
same day, the jury in said case re-
turned into open court with their YER
dict; that the court ordered the jury to
place such verdict i'm an envelope, seal
the same and hand it to the clerk Of
the court, all of which was accordingly
done"
1t is set forth that the court proceed
ed to take evidence and established the
fact that Fernandez had taken the Ha-
gey gold cure, by the testimony of Ma
goOn A. V. Gear and others and the
court then Overruled the motion to order
a retrial and ordered that the verdict of
the jury be unsealed read and rlaced
on record. The verdict was for SO, 900
with interest at per cent from March
10, 1898. The verdict was against j. A.
Magoon, f. b. McStocker. l. c. Ables
and DOrOthea Emerson.