The Hawaiian gazette., 1908-11-10
WYNNE To HANG
FOR MURDER
Cccntinued rom Page one.l

Frank Thompson conducting the case.
The jury in the case were excused
last Thursday until yesterday morning
while Friday and Saturday we're occu.
pied by court and lawyers in settling
the instructions. Argument began yes
terday morning. Rawlins opened for
the defense. He argued to the Jury
that the defense admitted the killing
on board the Rosecrans with ma,
chinists hammer by Wynne. The only
question was whether Wynne at the
time he committed the act was in
state of mind capable of forming the
purpose to kill with malice afore.
thought.
Thompson devoted che greater part
of his address to the jury In an argu,
ment to show that there could not have
been malice and that therefore Wynne
was guilty only of manslaughter.
In his closing address Rawlins mar.
shaled the testimony as to wynne's
mental condition and the purpose in his
I
testimony of the Assistant Engineer
Bright that Wynne had complained to
him in the forenoon, that McKinnon
had made him polish more brass than he
had required of another man. Later
in the day Wynne had picked quarrel
with Bright in Scotty's because Bright
had taken McKinnon s part. There was
the testimony as to Wynne's actions
L stn ,,stb af 10
There was the testimony of Chief En-.
gineer Husar of hearing the scufhe in
lMcKinnon IS room and looking out see
ling Wynne just backing out of the
room. He went toward the room and
Wynne stood in the door as if hiding
what might be there. Husar saw the
form of McKinnon on the lounge and
as he drew nearer saw the blood Then
not knowing what might happen he
seized Wynne by the wrists. Wynne
then told Husar that he had killed Nc
Kinnon, but would not hurt anybody
else. There was the testimony of the
Assistant Engineer Bright that Wynne
said to him a moment or two later that
he had killed McKinnon and was glad
of it. There was the testimony of Els.
pinda who took Wynne to the police
station that he had enquired on the
way how McKinnon was; and at the
police station when asked his name he
had told it and told how to spell his
! last name. All of these things were in.
consistent with the theory that he was
so drink that he was incapacitated
from the intent to commit the crime.
Judge Dole's charge to the jury oc.
cupied more than half an hour in its
: Hnli nn 4l,A
toxication causing such a state of
mind as made impossible an intent to
commit murder, the instructions, fol.
lowing cases decided in the United
States Supreme Court, was thought to
be liberal toward the defendant. On
) the question of jurisdiction the charge
was clear and unequivocal that the
. court had jurisdiction.
When the jury returned with its
3 verdict, after it was read by the clerk
3 Judge Dole asked if that was Their
verdict. The jurors replied that il
vas. Thompson noted an exception
t to the verdict. The jury was dis
i missed, and the court adjourned.
l Wynne throughout the trial has beer
. very impassive until yesterday. Yes
!. terday he was visibly nervous. Dur
3 ing the recesses of the session hi
/. walked the corridor of the courthouse
r In court he drummed with his fingers OF
s the table, and much of the time tn,
/. beads of perspiration stood out on hi
!, forehead. This nervousness was es
pecially marked when Judge Dole wa
|. charging the jury and when the jur,
il came in with its verdict.
i. There is considerable speculation a
d to whether there will be an appeal o.
d not There is general feeling tina
n there will not be. The funds for tn,
Il defense thus far have been provided
n by voluntary subscription among
the members of the Marine Firemen' :
Union. The union itself could not
under its rules, contribute funds TO
this purpose. The situation was pre-
! sented to the members of the union
. and they took the position that the
u did not know whether he was guilt
y , or not and so would help give him
chance 1t is considered doubtful
II however, now that he has been cor
q vieted after an able defense, that the
" will be willing to contribute furthe
for the expenses of an appeal. An az
10 peal will be an expensive matter. Tn
r transcription of the testimony wi
n cost considerable. The making up o
IL the record is matter of three o
& four hundred dollars. Attorney fee
ss will be no small matter.
d Wynne was born in Cork, ireland
e. thirty-three years ago, according I
10 his own statement. He went froI
lie Cork to Halifax and afterwards t
1. Boston. He made two trips on til
re Texan between New York and Hone
ID lulu and return.
The. murder was committed about
u. 'clock in the evening of Septembe
90, 1907, on board the s. s. Ros,
in Grams, in Honolulu harbor.
es The jury which tried Wynne was O
follows: John Lucas, Samuel Parks
I'd Jr., M. w. Bergin, A. d. Scrogg,
ID James H. Cummings, Henry P. Rotl
Benjamin II. Clarke, Bertram vo
IN Damn, John d. Detor, Augustus II.
yierra, Robert w. Sharpe, James
" Kennedy.
SAVE THE DOCTORS FEE.
tx If you are a man Of moderate near
II. -