The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-05-10
WORTH CASE
JURY HANGS
After Long Effort
Fails to Find
Verdict.

assault with deadly weapon reported
hopeless disagreement and were dis
charged by Judge De Bolt. The de-
PENDANT was chief mate of the Chilean
ship Othello and he was charged with
having shot Japanese in the neck,
dangerously wounding him, on board
that vessel while lying off Pearl Har-
Dor. on the evening of Sunday, March
20 last w. S. Fleming, Assistant At
torney General, prosecuted, while S. F.
Chillingworth defended the accused.
After few peremptory challenges the
following jury was found satisfactory
and sworn:
James Bicknell John Coffee, Sam X.
Paulo, C. ]. Ludwigsen, Henry P. Ka-
Obi, H. r. Macfarlane, Jr., John Kid
well, w. e. Brown. Percy Lishman, c.
]. Fishel, G.. Kealohapauole and w. NJ.
Buchanan.
The resting of the defense was reach
ed at 2:5O p. M, and counsel each took
twenty minutes in closing to the jury.
Judge De Bolt charged the jury, which
retired at $40. The jury returned for
additional instructions at ABS. Mr..
KidweI stated that there was differ
ence of opinion regarding the law of
self-defense. Again retiring the jury
sent out word at 5:15 that they could
not possibly agree. Judge De Bolt re-
piled with a message, through Bailiff
c. A. K Hopkins, that the court was
in no hurry"
At 6 p. m. the jury came in again
and, having reported that they stood
immovably s to 4, were discharged.
mistrial had to be entered.
THE TRIAL.
Yaguda Otojiro, the man who was
shot, sthe complaining witness ex-
hibited a scar on his neck and testified
that Worth had knocked him down,
that he got up and asked, whats the
matter?" and that the mate answered
the inquiry by shooting him in the
neck.
Another Japanese witness for the
prosecution told of a struggle between
the mate and Otojro before the shoot
ing.
Capt. Harry W. Flint of the harbor
police testified of his going out to the
Othello next morning to arrest Worth.
When he went aboard the mate was
concealed and it was only when the
officer said if he could not find the
mate he would have to take ithe cap
tain ashore that Worth was brought
forth out of the lower recesses OF the
ship. Then, the witness said, the cap
tain and mate in the cabin of hearing
that the Japanese was likely to die,
offered him $3.50 to square the trouble,
Worth agreeing to put up $50 of the
amount.
Torres, Spanish talker, for the de-
Tense said he was present but heard
no shot fired He saw the Japanese |
attempt to assault the mate, when the |
latter struck him with the right hand |
while grabbing at Otojiro's right hand,
as if to prevent his using it, with the |
left hand. The knife was knocked out |
of Otojiros hand. Witness said he was |
hard of hearing, whereby the defense |
accounted for his deafness to the pis- |
tol report.
A murderous looking sheath knife |
was admitted by the prosecution as
having been one handed to officer Nc
Dufiie after it was picked up from the
deck by a Japanese member of the
crew.
Mate Worth told succinct story in
his own behalf. The Japanese menu
bers of the crew knew but little of sea-
nd in ri
would not do even the small part he
knew when ordered. On arriving off
Pearl Harbor the defendant was in
charge of the ship, the captain being
sick, and he was sending the Japanese
ashore. Otojlro, whom he thought had
gone over the side into the boat, was
found to have loitered behind. He was
in the galley with two others who We're
Juggling against each other at blank
ct in dispute. Worth snatched the
blanket from one and gave to the
other Then he ordered Otojiro to go
ashore, Otojiro came out To the rail,
where two sailors We're assisting the
discharged men and their dunnage into
the boats, Instead OF mounting the
gangWay Otoiiro glared az Worth, who
took him by the lapel OF his coat ana
pulled him toward the ran In an in
slant the Japanese drew a knife from
his bell and made lunge az the mate,
Worth described win action how he
stepped back drew his revolver and
shot Oyer ui0irps shoulder in ihr
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questioned. hu admitted hf hai
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