The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-07
SCHMf|OTE
MISTR|AL
Jury Stands Six to Six
i'm ENLIGHTENMENT
Case.

Last night the jury in the case OF
| the Territory of Hawaii VS.. Schmeidte,
charged with embeZzlement, failed to
agree. corning in at 10 p. m. TO report
a mistrial. The jury stood six to SIX.
The case was going on during the
greater part of the day before Circuit
Judge Lindsay, and was being fought
pretty hard. The prosecution was con-
Quoted by Deputy Attorney General
Fleming, and the defense by Attorney
the attorneys, hostilities varied by ex-
aggerated and elaborate courtesies at
every turn. The charge against
Schmeidte was that he had embezzled
various sums of money from the City
Feed Company, of which T. j. King
is manager, the accused man having
been from the evidence kind of
bookkeeper and collector for the con-
Germ.
The Territory put King on the stand
to esta blish it's case and after ii had
closed Schmeidte took the stand in his
own behalf and made a general and
special denial of all the charges
against him 1t seems there are more
than one of these, although he was
only on trial yesterday on one charge
On his cross-examination, Fleming
tried to pin him down to a statement
that he had not entered upon the books
OF the concern statement of certain
moneys admitted to have been collect
ed by him. but the witness refused TO
n
he had been advised by his attorney
that to answer ii might criminate him
on other charges pending against him.
Il submit that this is subteYfuge,
said Fleming; this witness is trying
to evade this question. Having come
on the stand to explain these
transactions. he can not refuse to an
swer on that ground.
Hold on there said Attorney Ash
ford. I'VE most certainly do object to
this question. If the prosecution will
consent TO nolle prosequi all the other
charges against this defendant, we will
answer all these questions fully and
freely. Otherwise, We must rest on
our rights"
THE objection is sustained" said
the court.
Fleming refused to accept the nolle
prosequi invitation, and continued to
try and get something satisfactory out
of the witness, asking him the same
question over again aumner OF times.
IT protest against this said Ash
ford
do you want to testify?' snapped
Fleming.
Mr.. Ashford's objection is well
taken.'' said Judge Lindsay. THAT
five
times
Fleming then went to pounding away
at the witness, getting from him first an
admission that he had told King that
he had collected certain moneys and
turned them over to him (King) some
time between the 21st of November and
Thanksgiving then a denial that he
had done anything of the kind. then an
admission that he had done that partic-
ular thing. The witness in fact was
decidedly shaky on his recollection of
his financial transactions. Then
Fleming began to press him pretty
closely again, and Ashford came to his
clients relief once more
1.-The prosecution having scored a
dismal failure he began, when
Fleming turned on him:
Il object to such statements as
that" said the Deputy Attorney Cen
eral and Ashford went on with his lit
tie speech. All this, by the way, fol-
lowed the dismissal by the judge early
il: the afternoon of motion made by
defense to instruct the jury to re-
turn verdict of acquittal, which mo-
ton had been argued at length while
the jury was excused. The case prop
er was given to the jury shortly be-
fore six o'clock.
COURT NOTES.
Judge Lindsay yesterday discharged
You San, charged with aiding and
maintaining lottery, upon motion of
Judge Gear. Gear argued that the
charge against the man was no charge
at all, in that it merely accused him
of violating a certain section or the
law, without specifying any offense.
Deputy Attorney General Fleming
will probably be sent to Maui to ham
die the governments cases there, as
District Attorney Case of Maui county
has written that he can not return
from Washington in time to take care
of the business
The Attorney General has not yet
received the exhibits in the merchants
test tax cases.
Christina u. Brown yesterday filed a
demurrer to the amended petition or
her former husband. r. NJ. Brown, 90
have the custody of the little daugh-
ter of the couple taken away from the
woman.
Judge De Bolt spent the greates
portion of yesterday in the hearing of
the old case of Baker VS.. Spreckels- |
There We're no new developments in the
case yesterday.
hearing of the libel case of a Japa>
nese Sampan owner against the
schooner Concord. The sampan was
broken up in a collision with the
schooner, and the japanese owne.
went overheard. The Jap testified
yesterday that he had long swim be-
fore he was finally rescued by the