The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-03-03
Wright Case Will
Be on Tapis
Today.
The Affidavit Mill Is
Grinding Very
Fast.
More Allegations That Juror Black
Was Prejudiced Against
Wright.

The motion for a new trial in the
] case of B. Haywood Wright was fled
yesterday and will be argued this
| morning, prior to the trial of the Boyd
case. The motion is supported by
number of affidavits in addition to the
one OF Manuel Furtado fled yesterday.
and which are corroborative of his
statement regarding Captain Black. a
member of the jury. The Territory has
| not as yet filed any counter affidavits,
though j w. Cathcart is preparing
some.
In the motion for a new trial it is
alleged that Judge Ne Bolt erred i'll
giving certain instructions. and in re-
fusing others. 1t is further alleged
that the court erred in it's rulings on
questions of law during the trial, in
admitting the books and in refusing 40
direct a verdict of acquittal because
the statutes upon which the prosecu-
ton is based were and are unconsti-
tutional and void, authorizing a cruel,
unusual, excessive and unreasonable
punishment" Further error is charged
in refusing to instruct that the defend
ant was not a public accountant. or
charged with the collection of public
money.
The verdict of the jury is alleged to
have been in violation OF the evidence,
in that there was no testimony showing
that Wright was charged with receiving
public money of the Territory, and
that there was no evidence of felonious
intent.
BIAS, prejudice, misconduct and ir-
regularity upon the part of one of the
Jurors is also alleged, by which
Wright was prevented from having
fair and impartial trial
B. Haywood Wright makes affidavit
that ]. H Black was unknown to him
prior to the trial, and that he relied
on the statements made by him in an
swer to the questions put by counsel.
Thereafter, on the 2Sth day of Febrl-
airy, the day following the rendering of
the verdict, Wright says he met Fur
tado in Davis's Office and was notified
then of the facts contained in the affi-
dayit He states further that had he
have notified the court, and caused said |
Black to be excused.
There is also an affidavit filed by |
John NJ. Davis. one of the Jurors in the |
case, in which he says:
''2 That 1 know James H. Black. |
one of the jurors who tried this case, |
and the said James H. Black in the |
jury room after the jury had retired |
to consider their verdict. said that he /
could put his fingers on the man whose |
safe the money was put in and also /
said at the same time and place that /
he could put his finger on the man who |
got the money and from these state /
ments 1 am satisfied that the said /
James H. Black had previously formed I
an opinion and that his opinion was |
not formed upon the evidence, but from
statements and facts known to hircr
before the trial OF said cause. and I
further say that the said James H.
Black was not an impartial juror.
SO. That the statement contained /
and set forth in this affidavit as to |
what the said James h Black said is
known to two other members of said
jury, who heard him make the said |!
statements"
There is also an affidavit by j. w. Il
Smith, employed at the Columbia Sa-
loon. who says that on Wednesday, Il
February %. 1908. at about the noon
hour a person then in the saloon, that
I understood to be Portuguese lawyer.
and who, have since learned, is named
NJ. T. Furtado. said to me: Now those
are jurymen out there, and they are
the case, although they have
no right to- 1 said What case?' and
ing the above entitled case. Just be-
fore this conversation between Furtado
and me he, said Furtado, had beeC
close by the door of the saloon. near
which We're standing several men en-
gagged in conversation. 1 did not know
who these men were; but although
could not make out the words they were
using. yet I know they were talking
there"
Furtado stated yesterday the circum-
stances under which he heard the con-
versation as related by him. He said
he was walking along Hotel street,
when he saw Black talking with three !