The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-23

deadly weapon, in stabbing A. V. Peters
with knife in defendants house at
Kaimuki, retired after being lengthily
instructed upon requests of counsel on
both sides and the courts own motion
at 1 p. m. yesterday. Not having
agreed on a verdict at 2 O'Clock the jury
were sent downtown to lunch.
Henry Hogan delivered the closing
address to the jury for the defendant
He laid stress on what he character
ICED as the unwarranted entry of Pet
ers into his brother-in-law's house TO
lecture the master of the castle on his
habits and argued a case of self-de-
tense from the evidence.
A G. M. Robertson replied for the
prosecution. Admitting the well-known
and ancient castle" theory, he con-
tended that it did not imply that rela-
tives, friends or acquaintance might
not lawfully visit a private home. If
a visitor was not welcome he could be
requested to leave and if he refused
might be elected by just so much force
as was necessary but no more. There
was no justification for the use of a
weapon in such case unless to de-
fend person or property from violence.
The evidence that defendant was held
in a corner and throttled by Peters be-
fore the former seized a knife and
stabbed the latter was ridicu1ed and
represented from the plan of the house
and articles of furniture to be unbe
lieyable Counsel maintained that on
~ a miracle saved Peters from being
pierced through the heart, as the knife
had been stopped by striking rib.
At Ais the jury came into court with
a verdict of not guilty and the de-
PENDANT was discharged.
COMPLICATED CASE.
F. Santos was placed on trial yester-
day afternoon for embezzlement of a
steel safe from a Chinaman. W., S.
Fleming, Assistant Attorney General,
prosecuted and j. Lot Kaulukou de-
Tended the accused. After but a single
challenge by the prosecution, the fol-
lowing jury was found satisfactory and
sworn: Jesse P. Makainai, e. H.
Wodehouse, J. F. c. Abel, Geo. w.
Hayselden, David F. Thrum, Chas.
Spencer, A. K. Vierra, Jas. D. Cockett,
Jos. K. Clark, w. M. Bush, Jas. B.
Pakele and VIM. H. Hoogs.
The jury retired at APO. At $50 they
sent in word that it was impossible for
them to agree. Judge Gear ordered
them taken out for dinner, while the
court took recess until o'clock.
In the meantime Mr.. Kaulukou in
formed the court of the defendants
previous sentence the present term
elsewhere reported.
At 7:4O the jury came in for instruc-
tions, when Juror Clark stated his
doubt on evidence as between loan and
purchase of the safe. He gave the
impression that he was the only one
hanging out, which was later dispelled.
Judge Gear repeated his instruction
that if they believed the transfer of
the article was a purchase, even if no
money was paid, they could not find
the defendant guilty.
The jury came in again at 500 and
said they could not agree. Clark said
they had taken seven ballots and
stoods with but one variation, seven TO
five all the time. He pfurted out, be-
fore the Judge could check him. that
the seven were for acuuittal. Juror
Hoogs interjected the statement that
Mr.. Hayselden and not the volunteer
spokesman was their foreman. Judge
Gear, with renewed instructions, sent
the jury out to try again. Up to 10
o'clock they made no sign.
NOTES.
Lau Ian ct al. VS.. Chas. J. Fishel
has been discontinued.
Respondent is given 20 days to plead
in the case of Lu Kim Woom, alias
Hop Wo Lung.
Yanagi's sentence for selling liquor
without a license was continued for
another day by Judge Gear.