The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-01-20
twelve men
STAND TEST
Drunkenness Will be
One of Geneau's
Defenses.

trial of E. NJ. Jones for murder in the
portion of success in examining ju-
rors to fill vacancies made by peremp-
tory challenges and all of the eighteen
challenges allowed be exercised, 1t will
REQUIRE the examination Of 1O2 more
Jurors to obtain jury.
In getting the first twelve passed for
cause, however, the proportion has not
been SO high. Besides Judge Robin
sons original panel of sixteen a special
venire for fifty men was returned.
When, shortly after o'clock yesterday
afternoon the twelfth man had passed
examination for cause five names were
left undrawn from those summons.
The twelve men passed are E. T..
Dreier, Il. p. O'Brien, Richard Vice.
don, E. e. Hartman, A. Winterstein.
w. J. England, A. ]. TAFT, Harry Riv-
ers, Harry A. Juen, Stanley Stephen
son, Kenneth F. Brown and Fred Tur-
rill.
When the trial is resumed at 10
o'clock this morning peremptory chal-
leges will be in order, the prosecu-
twelve. The privilege is exercised al
ternately, the defense excusing two for
every one the prosecution excuses.
Either side may waive the privilege
when it's turn comes, each waiver re-
ducing the number of It's challenges
by one.
TWELFTH MANS PHILOSOPHY.
iplr se
less"
Fred Turrill, the twelfth man passed,
gave the foregoing opinion as one of
his replies on the question of insanity.
This juror considerably relieved the
monotony of the inquisition by his crisp
answers. He stood probably one of
the warmest ordeals administered dur
ing the proceedings.
Mr.. Turrill would believe a newspa-
per report of an event until 1t was
contradicted with proof, because it was
to the interest of newspaper to make
and sustain a reputation for accuracy.
Notwithstanding any opinion he might
have formed he would, as juror, rem
der verdict according to the evidence
and the law. The law he would take
ITOIn TIE Whatever picNiouo
views thereon might have been. Even
If morally convinced that the defendant
was guilty he would give a verdict of
acquittal unless the prosecution proved
guilt beyond a reasonable doubt.
DEFENSE OF DRUNKENNESS
Drunkenness will be one of the de-
lenses of F. Geneau in his trial for the
orric Z
declared by Mr.. Douthitt yesterday
afternoon, when Mr.. Andrews object
ed to questioning Theo. A. Simpson,
on cross examination, about the de-
fendant's condition when he entered
the Pantheon saloon on June 30 last
and shot Harris.
The objection was sustained because
the prosecution had asked the witness
nothing about Geneaus condition as
to sobriety, the court agreeing with
the Attorney General that the defense
would have to make Simpson its own
witness before examining him in that
regard.
The prosecution rested it's case at A
p. M, when the trial was continued
until 10 o'clock this morning.
KENNARD WAS LATE.
Kennard, the negro witness called on
Wednesday by the prosecution, was
due on the stand at the opening OF
court for the completion of his cross
examination, but he was not present
and an officer was sent to look him
up. He came in nineteen minutes late
and, in answer to the court, said his
duty of getting the ships mail delay
ed him. 1t looked blue for him min
ute, but when he stated he had tried
to be on time the court let the matter
drop.
Meantime another witness had beer
called, whose examination was con-
cluded before Kennard resumed the
stand. Cross-examined about his
statement that Geneau was the author
of all his troubles, he admitted that hi
had been confined for three days or
the ship Independence for an offense
and that Geneau was not on the Inde'
pendence.
Mr.. Andrews, in redirect examina-
ton, offered Kennard's honorable dis
charge from the army, but the court
ruled 1t out on objection that the de-
tense had not attacked the presump'
ton of witnesses good character. Al
that had been said in that regard wa!
by the witness himself.
A PoLICEMAN's EVIDENCE.
Policeman John Kaaua testified re
garding the street fracas before thu
tragedy in the saloon. When matters
had been quieted on the corner. wit
ness advised the bluejackets to go in
to a saloon and enjoy themselves. A
Harris and Kennard walked off to
gether, Geneau shook his fist at them
This was between and of the fata
evening. Mr.. Watson. cross-examin
ing, referred to a record of testimon'
at the preliminary examination II
the District Court, but could no
get the witness to admit that he testi
fed then that Harris shook his is
at Geneau.
Tome Nagai, japanese assistan
behind the bar at the Pantheon. di
not see the shooting but heard the sho
and saw Harris going out the bacl
way with his hand pressed upon hi