The Hawaiian gazette., 1905-01-17
ARROYO'S
NECK SAVED

granddaughter in the first degree yes
serday afternoon. His trial consumed
the entire week. Arroyo was indicted
for murder in the first degree, for the
fatal shooting OF Adolpho Rivera on
September II last. Three days of the
trial was taken In getting a jury.
Late Friday night both sides rested,
but on the opening of court yesterday
morning Mr.. Straus wanted to reopen
the case for the defense to put in evil
dence that Porto Ricans were In the
habit of carrying knives next to the
skin of their bodies. The idea was to
support Arroyos own evidence that
Rivera, though stripped for the first
fight. drew knife when both were In
the ditch and came for him with the
weapon after they again faced each
other standing up.
Attorney General Andrews said II the
defense were allowed TO put in more
evidence he would claim the privilege
also to call former police officer Nc
Duffie-or the defense might call Nc
Duffie, as he had been notified to APP
pear by 1t, and the prosecution be con-
tent to cross-examine him. Arroyo
had testified that he told McDuffie his
enemies had threatened him and the
officer had given him permission to
carry a weapon when asked il he might
do So
Judge Robinson thought none Of the
proposed evidence material and over
ruled the propositions.
Mr.. Straus then wanted to submit
the case to the jury without argument.
Mr.. Andrews objected, saying another
lawyer for the defense might come for
ward on appeal and void the trial on
the plea that Arroyo's counsel there
in had not exercised the defendants
constitutional privilege of having his
case argued.
II will not be led into any trick"
the Attorney General said, at which
Mr.. Straus took umbrage. Mr.. An
drews, however, remarked that he
meant what he said.
The court read the statute, showing
that the abstinence of the defense from
speech would debar the prosecution
from argument. The law said that
counsel for the prosecution should adj
dress the jury after" counsel for the
ueieHse'
Mr.. Andrews claimed the statute was
of argument on the part OF
the defense, using the word shall"
Juror John Guild, who was later made
foreman III the deilperauon' cut the
uoruiah hilot ny sta'llg that IL was
,he ueslre OF the jury TO nave the case
7
summed up 10 them py counsel on
poth Sues
MI. Stiaus giving way began his
cioSils "uuress ny recallihs warm pas
s'ses between the Attorney Geheral
ana hilhseH In ,he course Oh the trial
anu ASKING .he jury not TO aiiow such
Oh REMARK 10 i'i',ueiice theih'
having 'rieu many crinlhal cases here'
iioNi A''orhes ueherai Doie $ tune
a'i''"s we various coulsei
as"i''s' " ioiii ne hau peeh pit'eu, MI
,,',aus aeNno"ieuseu' ne had met no
'P.'oi!e"' IMAM MI Ahurews'
+ io,' 'n's he went On 10 argue the
u'a VI Nito!o' eNiuehoe mat ne
'e'eu IN sen -ueieiise' ne represented
III. "i'nesseS ioI the prosecution as
=. ,o"'eu as ohe eoiiN ic'eu Oh assault
Wv" "edpon '',u Vi oea'ins "o"n-
on was i"iu On Arroyos CON
"s III so'is u
~ saying " the III
ms. ms oi'o h'eah coun.ryihen,
I've" a.eenip'eu W NH MN ana
o'' NUN hno"
% ne A'eu NM VI not ana theh con-
49,, W 80 WIN ''ie"' W 'he ponce
. W. "iaus SPOKE LOT thirty-
opened lor the Ierr-
" "9's 'na' crimes Oh violence
80 o"e preNa'e"t ana shootlhg ana
49,. Us us s,oppeu' Inc law
- .nI9 VIZ u the community IN
nahus' ne riuiculed AFRO
aoout niNeras having MN
80 '"e ui'e"' WIN long khlIe
On mn ot ms iieart ana on MS
e"' your heart out
d., -, Su anu MS throwing
o. ,i' 'era' On 'he con-
Nv "'iousiy aiioweu MN TO get
iueoe oi uiherent VIII
io' '"e prosecution agreed wheh
On ''''i' IL throgos story or the
Niie "eie rue ne coulu nave Killed