The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-21
JOHNSON'S
DOOM QUICK
In Four Minutes Jury
Find Him Guilty of
Murder.

It took the jury exactly four minutes
in retirement to find FRI nix Johnson
guilty as charged in the indictment.
That is guilty of murder in the first
degree. for the killing of the little boy,
Simeon Wharton, at Waialua on jan
uany last. The jury retired about
I127 yesterday morning. Though the
Jury were absent from the courtroom
ten minutes, it was only four minutes
from the time that Bailif Quinn lock-
ed them up until they knocked on the
door to be let out.
Judge Robinson asked Mr.. Harrison
if he desired to have the jury polled,
after T. II. Petrie as foreman had rem
dered the verdict and Clerk Simonton
had read it aloud. He did SO and, re-
spending to the question, rs that your
verdict ?" each of the twelve men
firmly said Yes"
Mr.. Harrison, in presence of the
jury, noted exceptions to the verdict
as contrary to the law and the evil
gave notice of motion for a new trial.
Judge Robinson dismissed the jurors
with thanks for the attention they had
paid to the trial for a period covering
thirty days The actual time of trial
was five or six days less.
Mr.. White, before the jury left the
room. rendered their thanks to Judge
Robinson for his generous treatment
of them throughout.
Judge Robinson. in acknowledging
the compliment, said that perhaps they
might have thought at times that the
proceedings were unduly protracted,
but his aim throughout had been to
give the defendant a perfectly fair
trial.
moved that the court set a time for
sentence. Judge Robinson set Tuesday
next at 9 a. m. as the time.
Johnson took the verdict of the jury
with apparent stolidity. though he
was read he dropped into his chair,
where he furtively glared at the
jurors, from face to face of those in
range of a side glance. Then his eyes
roved successfully to the judge. the
court officials in front and anybody
making a move. 1t was the same
hunted, half-scared look that he had
all through the trial and, as the court
proceedings ended, he looked anxiousiy
over his right shoulder for the officers
of justice, as if what he wanted was
speedy removal from the place whore
his fate had so long been pending.
One of the officers in charge of john
son says that tears ran down the
miserable creatures cheeks when he
verdict of his doom was uttered.
Attorney General Peters. whom ILL
ness had kept from the trial for sew
eral days, was present in the closing
hours
Mr.. Harrison, in a decorous manner,
made the best appeal possible to the
jury for the defendant
Mr.. Prosser spoke pointedly for fifty
minutes on behalf of the prosecution.
He asked the jury either to find John-
son guilty as charged or to acquit him
a absolutely. No middle ground would
harmonic with justice.
Instructions Of the court We're
voluminous. Those requested by the
Territory numbered 50 and those by the
defense 80 with several alphabetical
added, while those given
of the courts own motion occupied
seven pages besides a reference 10
bring in the full text of the indict-
ment. The first instruction of the de-
Tense by reference included several
sections of the laws
Seven forms of verdict, from first
degree murder through the man
slaughter and assault degrees to a2-
quittal, We're furnished to the jury. 1t
was evident to observers, however, far
back in the trial that the jury took
but little ii any stock in the insanity
defense.
At the close of the proceedings Judge
Robinson adjourned the January term,
III which the trial began, without day.
This places the time of sentence out
side the term when Johnson was COR
victed. But should any question arise
on this point, it is within the power
of the court TO revoke its order of adj
journnent
About town yesterday the verdict
seemed to give general satisfaction.
The jury that convicted Johnson
consisted of w. NJ. Buchanan, John
Coffee, L. C. King, Julian L. Harries
Chas. j. Ludwigsen, Harry Lyman, A.
NJ. Mellis, T. H. Petrie, w. H. Soper.
5. A. Walker, John Waterhouse and