The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-05-22
JURORS MAY
HAVE BEER
Departure Made in
Murphy Murder
Case.
(From Thursdays Daily.)

The jury to determine the CUNT oi
innocence of Patrick Murphy was
sworn yesterday morning and :. con-
the prosecution is already in. A de-
parture was made in the order for the
confinement of the jury by Judge Rob-
inson, in that the members are to be
allowed to have malt drinks during
their nights confinement. The order
was made at the request of counsel
for both sides, but a further 3ugges-
ton from the defendants counsel that
the jurors be allowed to separate was
not allowed by the court.
The jury to hear the case WIS Sc
cured shortly after the opening of the
morning session, only five na1nes be-
ing called from the special venire OF
fifty. The jury Is composed as fol-
lows:
Peter Mcdonald, Charles Girdler,
mund Norrie, T. j. Quinn, e. C. Hol-
stein, L. A. c. Parrish, George Mil
ton, w. B. Jones, George X. Kaia and
W. T. Schmidt.
Nearly the entire day was occupied
in taking the testimony of c. e. Dove.
civil engineer who made drawings of
the scene of the tragedy. His test
mony though possibly important was
not interesting.
Kaio, native employed on the ranch.
was the only other witness. lie tesii
fled to having been with Joe Perry,
the deceased shortly before his death.
AS to the cause of his death, Ealo cid
not testify yesterday. He said he had
been with Perry on the ranch and was
employed with some mules Perry had
changed his saddle from his own mule
% another that was to be Used. While
thus engaged, Kaio said he (Kaio) had
been called by Murphy and ordered to
bring mule from near by pasture.
There was considerable difficulty as to
where Perry was when the witness left
him, and the native had lots of trouble
in explaining what he meant. when I
left Joe" said he 1.-The mule was facing
mauka and Joe was on the Waianac
side of him"
Mr.. Robertson didn't understand In"
whereabouts IF the mule with relation
to Perry and Peters then asked:
WAS Joe on TIE Waianae or the
Waialua side of the mule? "Or the
Waianae side said the witness, me
was getting ready 10 draw the cinch."
The witness iii not testify as to the
cause of death but said that when he
tied his mule to the fence he saw Joe
and called to Murphy Look. Joe Is
dead" The witness further said that
he did not see Murphy when told to go
after the mule.
The examination OF Kaio was not
finished and Deputy Attorney General
Peters requested an adjournment until
morning though he said he was pre-
pared for night session. The attor-
neys for the defendant was also anx-
ious to have the case go over until
morning and Mr.. Robertson finally
suggested that the defendant was will
ing to waive the locking up of the jury
for the night. Judge Robinson said
that there was no law requiring this
to be done. but custom had dictated
that the jury should be kept together,
and he preferred not to permit the
jurors to separate. even though the de-
PENDANT did waive any irregularity.
Mr.. Peters suggested also that some
of the jurors had used liquors at that
their meals for years, and he did not
wish to prevent them from doing 1t in
this instance, If the defendant made no
objection.
II not only don't make any objection"
said Robertson. but l think it is the
proper thing to do"
Judge Robinson demurred slightly
saying that II twelve bottles OF beer
We're sent to the jury room the court
was not presumed to say that each OF
the jurors had received one anymore
than that one juror had disposed OF
nll twelve bottles. The order was final
" made 10 allow the use Of malt liquor
IN modero tion. to he decided by the
hailiffs. The Jury was sent to the Ha-
waiian Hotel for the night.
BEFORE DE BOLT.
Judge De Bolt yesterday began the
hearing of the criminal calendar also
and disposed OF two jury cases. He
Will take up Il number of appeal cases
today.
In the case of Lee Toma charged with
nuisance in permitting a cesspool to
overflow, the jury returned verdict
of not guilty.
In the case of Lee Chin charged with
stealing meat from the Metropolitan
Meat Co. where he was employed.
verdict Of guilty was returned Judge
De Bolt imposed a sentence of three
months and costs.