The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-01-15
ARROyO'S
NECK SAVED
Jury Find MansIaughter
First Degree Ills
Crime.

the entire week. Arroyo WAS llEiC1O
fo, murder in the first degree, for the
fatal shooting of Adolpho Rivera on
'-sentember II last. Three days of the
trial was taken in getting 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 Rfcans were in the
habit Of carrying knives next to the
skin of their bodies. The idea was to
support Arroyo's own evidence that
Rivera. though stripped for the first
fight. drew a 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 if the
defense We're allowed to put in more
evidence he would claim the privilege
also to call former police officer Nc
Dufie-or the defense might call Nc
Duffie. as he had been notified to ap-
pear by it, 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 if he might
do so.
Judge Robinson thought none of the
nroposed. 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 Arroyos counsel there
in had not exercised the defendants
constitutional privilege of having his
case argued.
Il 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
for the prosecution should adj
dress the jury after counsel for the
defense.
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 in the deIiberation, cut the
Gordian knot by stating that it was
the desire of the jury to have the case
up TO them by counsel on
both sides.
Mr. Straus giving way began his |
closing address by recalling warm pas
50 ges between the Attorney General
and himself in the course of the trial
and asking the jury not to allow such |
exchanges of remark to influence them |
Having tried many criminal cases here. !
from Attorney General Dole's time !
onward among the various counsel !
gainst whom he had been pitted Mr. |
Straus acknowledged, he had met no !
,airer opponent than Mr.. Andrews. !
From this he went on to argue the
truth of Arroyo's evidence that he
acted in self-defense. He represented
the witnesses for the prosecution as |
ex-convicts. Silva
ne roasted as one convicted of assault
an. Stress was laid on Arroyo's con-
duct after the shooting in going to a
house and tearfully saying to the in !
mates, his Porto Rican countrymen,
hat Rivera attempted to kill him and
that he shot Rivera but didn't know
f he killed him or not, and then con-
sented to go with them to the police
station. Mr.. Straus spoke for thirty !
i've minutes.
Mr.. Andrews opened for the Terri
DRY by saying that crimes of violence
lad become prevalent and shooting ana
must be stopped. The law
put this service to the community in
the jury's hands. He ridicuIed AFRO
yos story about Rivera's having him
Town in the ditch, with a long knife
within an inch of his heart and on his
fps the threat, TN cut your heart out
md eat it, you - and his throwing
Rivera off him. Rivera, on the con-
,rary, chivalrously allowed him to get
lp-as the evidence of different wit
1esses for the prosecution agreed, when
n an instant, if Arroyo's story of the
knife were true. he could have killed
aim. ArroyO's backing away was not
n retreat but to get deadly aim. The
lrst shot was fired at Rivera not at
he ground. Then three times the trig-
ger was pulled and the fourth time a
second cartridge was exploded and the
bullet found its intended billet. AFRO
70 was not an employee of. the police
department. as represented, but one
y those parasites who hang around
he police station to accuse their neigh
'ors to any officer who might listen to
hem. McDufffe's alleged permit to
Arroyo to carry a weapon was charac-
erized as an absurd plea. as the priv
lege of going armed was not one :
policeman had power to give. If Ar
oyo's life had been threatened by his
nemies, the law provided a course for
i'm to obtain protection.
Mr., Andrews spoke for forty-five
ninutes. Having been instructed by
he court the jury took the case I'M
er elaboration at 1925. a recess of
curt being declared until p. m. On
a of court ba yardjot