The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-04-29
All ON GETS NEW TRIAL.
Continued from page one.)

Humphreys remarked that it was |
a significant fact that one of the jurors |
had not signed the affidavit, but that !
the document was not entitled to much |
consideration anyway. After a juror
once gives a verdict he becomes an adj
vocate of that verdict and ready to de-
fend it at all times" he said. Later
Humphreys offered to admit that the
one juror who had not sworn that he
was unprecedented was unprejudiced.
But 1 deny it as to the other eleven"
he added.
During the argument there was a
little brush between Peters and the
court. Peters argued the responsibility
of the client for his cOunsels act and
made a statement which was after
wards quoted by Humphreys as the
intoxication of the attorney is the in
toXication of the client" Peters said
the statement was ridiculous,
"I thought so when you made it,"
said Judge De Bolt.
Peters offered somewhat sarcastic
thanks to the court for this characteri-
cation of his argument, and proceeded
to read the jurors affidavit 81 beg to
submit it wit out argument, the court
having declared that my argument is
Ridiculous" he said.
DE Bolt bristled up at this. He told
Peters he had not made any such
characterization except as to the in
toxication of the client business, which
Peters denied having said. Il under
stood you to say that the drunkenness
and actions Of the attorney were the
drunkenness and actions of the client
said De Bolt.
Peters stated that his argument was
that the actions of the attorney were
in a legal sense the actions of the
client, the attorneys neglect, if there
was any, being equally the neglect of
the client who was present. After a
brief argument Judge De Bolt gave a
long decision granting The motion for
a new trial. Incidentally he very
severely criticized Davis and he ruled
upon the question of admission of evil
dence of other brides than the one re-
ferred to in the indictment. In the
All On case such evidence was allowed
to 60 in Judge De Bolt said that
attorney Thompson had convinced him
in the McDuffie case that such evidence
jmy. Mr. Davis raised ne question
ard remarked that there was a libra
~ full of authorities" said Judge D :
Bolt. But he did not produce any. 1
was much impressed with the argu-
ment of Mr.. Peters and allowed the
evidence to go in. Since then / have
gone into the matter thoroughly and
am convinced that the evidence was
not proper" Judge De Bolt discussed
the matter at great length and quoted
authorities in point. lis decision if
agreed to by Judge Lindsy in the COM
ing trial will shut out important testi-
mony which went to the jury against
An On i'm the case in which he was
found utility.
AS to Davis conduct in the trial,
Judge De Bolt said it was a stain and
blot on the judicial record of the court
which time would perhaps never erase.
He thought that he ought to have
stopped the trial and order a continu-
ance, but he had allowed it to go on
under the impression that Davis would
probably correct himself. The fact
that the jurors thought the trial a fair
one, was not to be considered as of
great Importance, as it could not be
stated whether all the facts had been
presented to the jury or not. The
judge said it was so apparent that the
defendant had not had a fair trial that
he was surprised that the prosecution
opposed the motion to set aside the
verdict. Nothing could be more cul-
pable and improper than the attorneys
remark during the trial that it was
only a case of bribery and if the YER
dict was guilty all right
Humphreys stated after the decision
that much of the discussion of the
matter had been in chambers, and
he desired the court to state that
he had tried to avoid the neces-
sity of filing the affidavit against
Davis. De Bolt stated that Humphreys
had said at the start that he did not
wish the proceedings to harm Davis
any more than they had already done.
DE Bolt Ia dtold Humphreys that the
affidavit was necessary, when he found
that the motion for new trial was to
be opposed, in order than the reasons
Woul appear on the record