The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-18
JURY IN THE
GAMBLING CASE
Continued from Page IL


bling had been produced as evidence
and Ayres appeared TO nave done al
the detective work in the case. Devau
chelle for some reason or other had no
been placed in the witness-box at thi:
trial
1t was clear case of persecution
and not prosecution and the ADVERTISE
sought to get certain men convicted
by fair means or foul. Malice had con-
victed himself of perjury, as witness
for the prosecution. The police had nc
part in this case. which had been put
up by the Advertiser
If the jury were Influenced by what
newspaper might say. in disposing
of the case. justice would be side
tracked. No evidence had been cor
roborated and the presumption of in
pocence was in favor of defendants.
The Advertiser had no business to
bring this case: 1t should have attend
ed to it's own affairs and left such
matters to the police. If the police
department. was incompetent or inca
pable of doing its duty, it should be
changed. The case was nothing more
Police Department. Kealaula was
nothing more or less than an acorn
pIice of the defendants. 1t would sure
ly bring a blush of shame to the
County Attorneys cheek if defendants
We're convicted on the evidence which
had been advanced. If convictions
could be secured on such testimony, no
: mans life or property was safe
The prosecution was not on the part
of the Territory of Hawaii and he be-
lieved that only one verdict could be
brought in-that of mot guilty"
Attorney Douthitt opened his re-
marks to the jury by stating that his
task as prosecutor of defendants was
not pleasant one. He had to do his
duty; that was all there was to it. He
was there to prosecute and not to perse-
cute. The jury might say Of the case,
Z" What does it matter2'' but such was
not moral Interrogation. The gam
blers worked a hardship on the poor by
taking the poi and fish out of their
mouths. Destitution and suffering re-
suited from indulgence in gambling and
a native who could i'll afford to lose
any money, if the chance offered, would
gamble away every dollar to his name
in game of craps. The gambling evil
was recognized all over the mainland as
one that must be stamped out.
1t was hard to get satisfactory evil
dence in gambling eases. 1t had to be
wrung from witnesses. Someone had to
testify, however, in a court of justice
or prosecutions for gambling would not
be possible. The jury must not con
slider whether or not outside parties had
ought to do with the case. They were
there to do justice according to the evil
denee and the law.
Kealaula, because he testified to hav-
ing played in a game, had been ma
ligned by the defense as reptile not
fit to crawl into court of Justice to
testify. Kealaula s testimony had been
mistaken after two hours of rigid
cross examination. He had very evp
denly told the trGtb.
TIE jury should cut out the Adtea
tiser s connection with the case in theF
and make their finding oh |
the evidence alone. 3 |
He submitted that defendants were
guilty If the jury were satisfied OF |
IS guilt, it was their bounded /
duty as jurors and men to convict, IF |
of immaterial issues. Ii !
they believed the charges true, as men. |
they couldn t disbelieve them as jurors /
The evidence submitted pointed to the |
guilt of defendants to moral cefe
tainty &
q have done my duty concluded
Douthitt, '.you do yours and then let |
the court do it's. l ask for verdict of /
guilty and would remind the jury that !
the prosecution is in the name of the !
Territory of Hawaii. The people are !,
this case, not the Advert
tiser, and the jury must be guided byl
the testimony presented and by that |
alone''
Judge De Bolt then gave instructions
to the jury and at 5:45 p. IN. the jury |
retired, returning at 6:25.
(. Spokesman Willard Brown stated |
that Judging by the present attitude of |
the jury, it would be impossible to get
a verdict.
Judge De Bolt addressed the jury and
they again retired, this time at 6:35
p. m.
At 1905 the jury again returned with
out verdict and without any prospect
of finding one and were sent back, after |
more remarks by the judge, at 1928.
At S:55 p. m. the jury went to din
ner and afterwards retired to the |
Young Hotel.
Trrr MATS