The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-21
JURORS MAY
HAVE BEER
Departure Made in
Murphy Murder
Case.
Jury Secured and One
Witness Tells
Story.
Judge De Bolt Hears Criminal
Gases One Conviction and
One Acquittal.

The jury to determine the guilt or
sworn yesterday morning and .. con-
siderable portion of the evidence for
the prosecution is already in. A ce-
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 further sugges-
ton from the defendants counsel that
the jurors be allowed to separate was
not allowed by the court.
The jury to hear the case w5s Sc
cured shortly after the opening of the
morning session, only I'VE narnes be-
ing called from the special venire Of
fifty. The jury is composed as fol-
lows: ~ IM
Peter Mcdonald. Charles GirdIer,
George Roenitz. a. Q. Marcallino, Ed
mund Norrie. 7. ]. Quinn, e. C. Hol-
stein. L. A C. Parrish, George Mil
ton, w. B. Jones, George K. Kaia and
W. T. Schmidt
Nearly the entire day was occupied
in taking the testimony of C. e. Dove.
a civil engineer who made drawings of
tho eoare of +t,a 80 CODE rI;. +o-+;
mony though possibly important was
not interesting.
Kaio, native employed on the ranch
was the only other witness. lie testi-
fed to having been with Joe Perry,
the deceased shortly before his death
As to the cause of his death. Kaio cid
not testify yesterday. He said he had
been with Perry on the ranch ard was
employed with some mules. Perry had
changed his saddle from his own mule
"a another that was to be Used. While |
thus engaged. Kaio said he CKaio) had
bring a mule from a 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 the
IF the mule with relation
to Perry and Peters then asked:
a. |
waialua side of the mule? "Or the
Waianae side" said the witness. me
was getting ready 10 draw the cinch."
The witness Ji1 not testify as to the
cause Of death but said thae 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
though he said he was pre-
pared for a night session. The attor-
neys for the defendant was also anx-
ous to have the case go over until
morning and Mr.. Robertson finally
suggested that the defendant was will
ng to waive the locking up Of the jury
Tor the night Judge Robinson said
hat there was no law requiring this
% be done, but custom had dictated
hat the jury should be kept together,
and he preferred not to permit the
jurors to separate. even though the de-
endant did waive any irregularity.
Mr.. Peters suggested also that some
If the jurors had used liquors at that
heir meals for years. and he did not
wish to prevent them from doing it in
his instance. if the defendant made no
objection.
ST not only don't make any objection"
aid Robertson, ''but think it is thG
proper thing to do"
Judge Robinson demurred slightly
saying that if twelve bottles of beer
we're sent to the jury room the court
vas not presumed to say that each OF
he Jurors had received one anymore
han that one juror had disposed of
al twelve bottles. The order was final |
v made to allow the use of malt liquor
N moderation. to be decided by the
oaiIiffs. The jury was sent to the Ha-
xaiian 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 =