Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-08-05

lOu III llle tHSe VI lllc ltIlitDIS dSdlhSt
George l.. Ferris Cknown as Kentucky
BID, overriding his exceptions to con-
viction and sentence for murder and
holding that the verdict of the jury was
not contrary to the evidence. Judge
Gear sentenced Ferris in September
last to suffer the death penalty for he
killing Of JOHN Watson.
Associate Justice Perry writes the
opinion. in part. as follows:
A party who negleCts to claim his
right OF challenge to the grand jury,
before they retire, valves 1t, although
he may he imprisoned at the time.
The right. IL any, of an accused to
have the assistance OF counsel at the
impeachment of the grand jury. Is
waived II he neglects to claim II, even
though imprisoned at the time.
Where one who is detained in Gus.
tody awaiting aCtion by the grand jury
does not notify the court that he Ia
financially unable to employ counsel
for his defense and does not request the
assignment OF counsel It is not error
for the court to fail to make such as
sgnment prior to the arraignment.
Upon a motion to discharge a defend
ant, made after plea OF not guilty, on
the ground that he. has not been duly
arraigned, one who. with the acquies-
cence of all concerned. acted at the
term of court at which the indictment
was presented as a deputy OF the At
torney Gen sral must be presumed, in
the absence of any showing to the con-
trary. TO have been duly authorized to
act in that capacity.
The use of intoxicating liquors by
members of the jury pending the trial,
and before the final submission of the
case. such liquor having been furnished
by one of their own number, will not,
in the absence of a showing that pre-
judice to the defendant resulted there
from. vitiate the verdict.
A court of record may, even at sub
sequent term, cause amendments TO be
made to the minutes of its proceedings,
kept by the clerk. to the end that tho
same may conform to the actual facts
and truth of the case
Verdict held not contrary to the evil
dence.
The defendant was convicted of the
offense OF murder in the first degree
and sentenced 10 death. The case
comes to this court on thirty-one eX-
ceptions: Exceptions to 81 inclusive
and 90 are TO rulings made during the
trial upon objections to testimony. We
have carefully examined the record
with reference to them all. including
nine which have been expressly aband-
oned, but can find nothing to require
or to justify a reversal of the verdict.
in most of them the rulings were clear
ly correct. Perhaps in one OF two in
stances n different ruling might prop
erly have been made. but the error. II
any, was not prejudicial.
Exception 2S. At the close of the
case for the prosecution. the defendant
moved to dismiss the indictment and
for a directed verdict on the grounds
named in exception |, 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 a wound inflicted
by 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 he in
clined to characterize this motion and
exception, in so far as II 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
dcnCc.
We have no hesitation in saying that
n complete rrima facIe case was es-
tablished by the prosecution and that
the motion was properly denied. The
evidence adauced 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 l6, 1902,
the defendant was standing on the
front yeranla 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 IL was that
said he could ride horses or some sim
liar question and that thereupon an ar
gument ensued between him and the
defendant on the subject. Watson
standing Al 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 on steT
lower on the opposite side Of the steps
and about four or five feet from Wat
son; that during the conversation
which lasted only few minutes, Ferris
said that Watson had called him sol
Of u --- some days before, that Wat
son denied this, that Ferris repcatoC
his assertion and asked Watson, "DIC
you mean lt?' That Watson at frs
remained silent but, Ferris lnsistentl!