The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-07-20
Judge Ballou.-I object to this

Judge Ballou.-I object to this
Llghtfoot (eentinuing) that they
were having showing that they were
working
Judge Ballou.-I object to any con-
versation in the presence of the jury.
Llghtfoot (eontinuing) 'sbut I don I
say that anyone heard it that I know
OF, yet from the sounds proceeding
from the jury room, the jury was going
at it, to use common expression, ham
mer and tongs. On Sunday morning
the foreman of the jury came in and
said that, while the jury had been
sent to bed at ten clock, vet they
had while in the Young Hotel worked
on this case conscientiously and hard
until half past one on Sunday morning.
Foreman Goudie.-Half past twelve
Mr.. ightfoot-Half- past twelve Sun
day morning. They were brought in
here Immediately after their breakfast,
and they went to work and were work
ing hard all day yesterday. The same
statement that is now made to Your
Honor by the foreman was made yes
terday, that there was an irreeoncilable
difference between the jurors, which
shows that they could not agree. Now,
! 1t seems to me, may it please the court.
that this does not present case for
the punishment of the jurors They
| are here, not because they have COM
| mitted crime, but because they are
! citizens, come here against their will,
forced to serve. Now they give Your
Honor assurance that if they stay a
| week, or longer, if necessary, the eff
feet will be absolutely the same. Now,
why should they be punished. / submit,
may it please the court, that the time
has come, abundantly come, when the
/ jury can be discharged.
Judge Baliou-In the absence of
senior counsel, / certainly do not wish
| to consent to anything. Mr.. Kinney,
think, is on his way here. He is due
here at ten in another case, and I ask
| that the matter be suspended for a few
| minutes. So far as I know, / think he
is on his way here from the Office.
The Court-Very well.
Mr.. Kinney entered the courtroom
almost Immediately, and said:
May ask what has transpiredan
The Court-The jury has stated that
it is absolutely impossible for them te
| agree upon a verdict, the vote last
] taken remains about the same as theil
7 vote first taken on Saturday evening
| and they ask TO be discharged, because
! they are unable to agree
/ Mr.. Kinney make no objection.
The Court-The only thing that ap
peals to me in this, gentlemen, for you
| know that this case took sixteen day:
TO try, and you have had before yot
! since yesterday the entire evidence il
| the case, and if you had any disagree
ment as to what the testimony was il
| the case, surely the time that has in
/ tervened between the time you receiv
ed the testimony and the present tins
IL not sufficient for you to consider al
that testimony.
Mr.. Kinney-May it please the court
I think that they should be discharged
| It is question of whether or not they
believe the witnesses for the prosecu
ton, the High Sheriff, The chief en-
gineer of that plantation, Police Office
Wills, and the others. If they believe
them, it is their plain duty under theil
oath to convict, but If they believe tht
Japanese they should aequit, and
have nothing more to say. | don =
want TO hear anything more about 1t
I ask that the jury be discharged
The order for the discharge was i'm
mediately granted by Judge Robinson