The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-08-07
FERRIS IS IN SHADOW
OF DEATH
CONTINUED from page ~


to preliminary proceedings including
the impaneling of the grand jury, still
the defendant was not denied the right
in question. The constitutional provi-
sion left him at liberty either to appear
in person or to employ counsel. as he
might see fit to do. OF itself it placed
no obligation on the Territory to pro-
vide him with counsel. He did not sig
nifty a, desire to be represented by coun-
sci and was not refused permission to
do SO.
1t is pointed out that as soon as
the court was informed of the arraign-
ment, an assignment of counsel was
made.
ENDORSEMENT NOT MISLEADING.
One exception refers to the following
endorsement on the back of the indlct-
ment:
"Plea: May % Plea Of not guilty.
Upon motion of c. F. Reynolds, ESQ.,
it is ordered plea of guilty be With
drawn, and continued until Friday
May 90, at 10 a. M" (Signed) Nj. L.
Simonton, Clerk MAY q. Deft. pleads
not guilty. Case continued until Aug.
1902 Term to be set" (Signed) Nj. L.
Smonton, Clerk. &.
The court comments:
1t is contended that this endorsement
might have misled some Juror into the
belief that the defendant had made a
formal admission of guilt. We do not
regard this as possible. The note is
brief one, occupying but a very few
lines in consecutive order. If any juror
read the words, sit is ordered plea OF
guilty be withdrawn" he must nave
read the whole note: and, so read, 1t Is
entirely clear that the absence OF the
word not was a mere clerical error and
that at no time was a plea of guilty en-
tered.
Next the court settles that e. A.
Douthitt as deputy of the Attorney
General, was fully authorized to pre-
sent the indictment in court.
The following extracts show other
findings of the Supreme Court:
The objection with reference to the
trial jury has been abandoned. we
find in the record no cause for sus-
tanning it.
RULINGS HOLD WATER.
Exceptions 2 to % inclusive and 30
are to rulings made during the trial
upon objections to testimony. We have
carefully examined the record with ref
tarence to them all, including nine which
have been expressly abandoned, but
can find nothing to require or to justify
a reversal of the verdict. In most OF
them the rulings We're clearly correct.
Perhaps in one or two instances a diff
ferent ruling might properly have been
made, but the error, if any, was not
prejudicial.
c,r,UyNTS I,DJNnJ OTIS
Exception IS. At the close of the
case for the prosecution, the defend-
ant moved to dismiss the indictment
and for a directed verdict on the
grounds named in exception l, already
disposed of, and on the further ground
that there was no evidence to connect
the defendant with the commission OF
the crime or to show that the deceased
was John Watson or that the deceased
met his death from wound infllcted
by a knife or any other instrument IN
the hands of the defendant or from any
other wound received at the hands OF
the defendant. Were this case of a less
serious nature, we would be lnclln-
ed to characterize this motion and
exception, in so far as 1t relates
to the alleged lack of evidence, as
frivolous but mindful of the gravity OF
the charge and of the sentence we have
carefully read the transcript of the evil
dence.
STORY OF THE CRIME.
We have no hesitation in saying that
a complete prima facie case was es-
tablished by the prosecution and that
the motion was properly denied. The
evidence adduced by the prosecution
was such as, standing by itself, to have
amply justified the jury in finding the
following as facts: that at about eight
o'clock on the evening of April 16, 1902,
the defendant was standing on the
front yeranda of the lodging house OF
one Meyers situate on Queen street In
this city, talking to Meyers and per-
haps others about horses; that John
Watson the deceased, then approached
from without and asked who was talk
ing about horses or who 1t was that
said he could ride horses or some SINH
lar question and that thereupon an ar
gument ensued between him and the
defendant on the subject, Watson
standing at the head of the steps on
the left side going up, leaning against
the railing and with both hands behind
his back, and Ferris standing one step
lower on the opposite side of the steps
and about four or five feet from Wat
son; that during the conversation,
which lasted only a few minutes, Ferris
said that Watson had called him son
of a some days before, that Wat
son denied this. that Ferris repeated
his assertion and asked Watson, Did
YOU mean it?" That Watson at first
remained silent but, Ferris insistently
repeating the question, finally said,
|.Well, IL I did call you son of a
I did mean IT." that without
warning Ferris Immediately dealt
Watson, who was still standing In the
position already described, heavy
blow on the left side in the region OF
the chest; that Watson staggered.
walked back a few steps towards the
body of the house and then forward
again and fell. one Daniel Smith catch
ing him as he fell, blood Issuing from
n wound in Watson's left side and from
his mouth. that a few moments later
Watson was dead; that Immediately
after the assault Ferris left the spot
and a few moments later the premises
and ran away and was not found, al
though diligent search was made for
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