The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-19
Advertiser Phoo9
THE WISCONSIN coALING AT THE
JONES FOUND NOT GUILTY
Continued from page IL

CONTINUED from page IL
day. AS the regular panel of jurors be-
came exhausted the first day, a special
venire for 70 more was issued. The
empaneling was not resumed until the
27th, when twelve men had passed for
cause. Then the peremptory challenges
began, of which the law gives the Ter
ritory six and the defense twelve To
fill the places of two jurors challenged
the entire new panel was exhausted and
dS more jurors were summoned On
November 80 there was another ex-
haustion of names to draw and, finally.
on December 3, after $50 men all told
had been called. the following jury was
accepted and sworn to try the case.
THE ACQUII IlNu JURY.
]. K Manase, Henry Zerbe, Hiram
Kolomoku. Edmund Norrie, w. NJ.
Bush, D. K. Hoapili, J. D. Cockett, J.
A. Lawelawe Tom Jones, Joseph K.
Clark, Charles H. Bellina and Frank
Godfrey.
DURATION OF TRIAL.
For private reasons. by consent of
both sides, the trial was continued on
December until Monday, the 9TH inst,
when the taking of evidence began The
actual trial has therefore not been a
record one for length.
With regard to the trial of Jones for
the murder of Mrs Jones, again, the
difficulty of obtaining jury in the
First Judicial Circuit will be enhanced
over that experienced in the Parmenter
case from the fact that the $50 men
called for the latter will be disquali-
fed.
THE LAST DAY.
After further preliminary discussion
of the requested instructions by the
court to the jury. the closing argument
of counsel to the jury began yesterday
morning. 1t was the privilege of each
of the counsel to participate, but for the
defense Mr. Dunno elected to leave
the speaking entirely to Mr.. Robertson
ADDRESS FOR DEFENSE.
A. G. NJ. Robertson began the closing
address on behalf of the defendant at
Io:45 and spoke until lis, when the
court took recess until rs. His speech
naturally dwelt almost wholly upon the
evidence of Jones's insanity The de-
PENDANTS love for his wife was held to
be an infatuation amounting to mania
and his suspicion of her fidelity de-
fusion that became madness
FOR THE PROSECUTION.
E, c. Peters. Deputy Attorney Gen
eral.. began his address at the opening
of the afternoon session. concluding an
hour and half later He characterized
the delusion theory as a. "dastardy de-
Tense inasmuch as it challenged coun-
sci for the prosecution to attack the
character of the poor dead woman
who had been defendants wife. Mr..
Peters heaped scorn upon the theory of
insanity and Dr. Mays. its chief up
holder on the witness stand. From his
evidence DIR. Mays might himself be
found insane. Jones, in his own mar
rative of the shooting and his immedi-
ately subsequent actions. counsel main
tanned had evinced keen mental capacity,
His exact memory OF words and details.
his reloading of the pistol, his flight and
hiding, his stealing of garments to
clothe him on returning to surrender,
were mentioned with emphasis. Mr..
Peters said he had himself, since his
childhood, suffered all of the symptoms
of insanity stated in ''the hypothetical
question" Before closing he cautioned
the jury to remember that Jones was
not being tried for the murder of Mrs.
Jones but that of Mrs Parmenter. SO
that the theory of insanity from jealousy
did not fit the case in any manner.
Lorrin Andrews, Attorney General,
opened the last words for the prosecu-
ton at 3:45, speaking about half an
hour.
CHARGE TO JURY.
Judge Gear then charged the jury
occupying about so minutes. He
designated the requested instructions as
given, refused or modified besides those
of the courts own motion. The jury
We're charged that if they had a reason
able doubt of the defendants sanity
they could not bring in verdict OF
either murder or nanslaughter. And,
while intoxication was no defense for
crime under the law, yet if the defend
ant was insane from intoxication when
the alleged deed was committed he
could not be found guilty.
Mr.. Robertson noted exceptions to
number of the sections Of the charge,
including the definition and explana-
ton OF "a reasonable doubt
The Court-"You have not asked for
instructions on that point. Have you
anything to offer2
Mr.. Dunne-"We would like to offer
Chief Justice Shaw's definition.
The Court have read it.