The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-02-03
THREE MEN
/. SAVE TESLA
Nine Jurors Vote for
Indicted Editors
Conviction.

The jury in the Tesla libel case fall
ed to reach an agreement yesterday
and was discharged. 1t stood nine for
conviction and three for acquittal. At
torney General Andrews at once moved
that the case be reset for hearing this
morning at 10 o'clock, but Stewart, for
the defendant objected, saying that he
did not want the case tried before
Judge De Bolt The Judge said that
he would not pass upon the case this
morning and court adjourned.
The case was given to the jury at
about twenty minutes to o'clock yes
terday afternoon, after an able presen-
tation of the law and the facts by the
Attorney General. Mr.. Andrews said
in the course of a speech following
Stewart for the defendant, who had
tried to make light Of the whole matter
admitting that his clients newspaper
had been powerless to injure the good
name of the prosecuting witness, that
If this man, Tesla, were permitted to
go unpublished for the offense he had
committed, the good name of nc man
In the community would be safe.
"Mr. Stewart might not think that
Testa's charges against the complains
ing witness were a serious matter,
might regard them as the jocular play
fulness of one editor toward another:
but there We're men in this community
who did care for their honor and good
name. If this man Tesla is permitted
to run amuck," said the Attorney Gen.
eral, there will be no recourse for cit
liens but to take the punishment into
their own hands, thereby committing
a wrong
Judge De Bolt instructed the jury
very clearly as to its duty, defining the
meaning of the word 'libel' under the
law, and instructing it that libel per
Sc had been committed. The jury re-
tired to consider its verdict The jury
was composed of John w. Rankin, Ed
1mhoff, G. S. Desky, e. A. Rowland,
John Mcclure, John NJ. Aiu, John H.
Thompson, Edmund Norrie, Charles
Lambert, NJ. ]. Bissell, Maurice Brasch
and f. w. Beardslee.
After they had been out for almost
an hour they signified their desire to
peruse the instructions of the court,
and the instructions submitted by
plaintiff and defendant were sent to
them, with orders not to read the in
structions that had been refused. In
another hour the jury came in and an
nounced that they could not agree,
three of their number having stated
that nothing in the world would turn
them from their purpose to find a ver-
dict of acquittal.
Judge De Bolt asked them whether
1t was utterly impossible that they
could agree and they retired once more,
remaining out about five minutes.
Then again coming into court and
announcing that the three had express
ed their unalterable determination TO
hold out, Judge De Bolt ordered that
the jury should be discharged. The
three were Edmund Norrle, who had
once and for considerable period been
III the employ of Tesla, John II. Thomp-
son, bartender, and John M. Aiu, n
native. Norrie held out from the start
for his old employer, so his fellow iu-
rymen say. and refused to hear discus
sion.
The net result is that Tesla has adj
mitted that he has no proof of his
charges against Mr.. Smith; that in
spite of this jury has disagreed upon
the issue of libel and the case, in all
will be tried again.