The Hawaiian gazette., 1909-10-29
Verdict Comes Together With a
Recommendation for the
Mercy of the Court.
ADDED TO SATISFY A JUROR
CHARGES of Professionalism Are
Intimated-Was He Playing
for Meal Ticket?
tFrom Thursdays Advertiser.)

Dismissed before eleven o'clock yes
terday morning, the jury in the Mort
case did not report verdict until
nearly six in the evening, the verdict
being guilty as charged with a recon-
mendation for mercy. Each hour that
added itself to it's deliberations"
called forth more indignation on the
part of all connected with the case.
"As long as professional jurors are
permitted to serve, the jury system
will be farce said a court attache
yesterday and a growing conviction
became apparent that the claw and
the evidence had not gone into the
jury room with the twelve good men
and true, and counsel in the case ex-
pressed themselves to that effect. The
remarks of the jurors afterwards bore
them out.
At twelve O'Clock they were taken
to the Union Grill for lunch and while
gone there was found a set of ballots
crumpled up on the floor with eleven
marked "guilty' ard one "not
guilty" Judging from the number Of
scraps on the floor, it must have been
the third or fourth ballot taken.
The news of the jury's standing
spread about the courthouse and call
ed forth adverse comments. Police Of
ficials who came up to get the latest
news distinguished the case as the
clearest and most irrevocable ever pre-
scented in the circuit court and all the
time. one gentleman of the jury, lock.
ed in the tower room was turning out
not guilty ballots. AT about three
O'Clock, the jury sent in word that
there was ore man on the jury who
was voting to that effect and had ex-
pressed himself as intending to con.
tinue to if he was locked up for years
They announced themselves as being
hopelessly deadlocked.
"Then lock them up for years" said
Cathcart savagely.
AT four O'Clock the jury, still dis.
agreeing, were called in and special
instructions read to them by Judge
De Bolt. To these instructions, Attor.
ney Lightfoot, for the defense, noted
an exception.
The instructions contained very
strong hints as to the manner of man
that would hang up jury in this way
1t probably was one of the strongest
pleas for honest jures that have been
read in the circuit court and capped
a half year of jury service that has
been unsatisfactory, placing it mildly
The jury were again sent out and
the bailIf, wise in the way of circuit
court jures, sent for his night outfit
and began to negotiate for cosy cor
ner at which ever of the hotels the
jury would be sent to. Ugly rumpr'
began to get around the corridor thai
the one "not guilty. ballot WINS 6
meal ticket for the jury, and specula
tions began to take definite form a.
to who was doing it all. After re
ports proved the speculations right.
AT little before six the jury final,
announced itself ready to return yer
dict and were bought in. Their yer
dict read as follows, "We, the jury
in the above entitled cause, find tn
defendant guilty of assault, being arm
ed with dangerous weapon, with in
tent to murder. We, the jurors, recon
mend tine mercy of the court. (Sg) y
c. Bruins, foreman
Every juror of the twelve with on,
exception was as mad as err, ant
their remarks colored the atmosphere
delicate ultramarine. The one excep
tion was looking downcast.
Afterward one of the jurors made
statement to reporter as to the ode
alterations y that extended over thu
greater part of the day, the substance
of which was as follows:
cit was Bill Tirrell did it. At tn,
first ballot the jury stood eight to fou
for conviction, but three of these wer,
quickly brought over to the side of tn,
majority. Tirrell hung out. What h
wanted was a night g lodging and an
other days pay. He is not regularl,
employed, and this sort of thing is gOOt
money. What he wanted was the recon
mendation for mercy. We put IL il
finally just TO get him on our side an,
get home. IL dOesn I mean anything
anyway
son the last jury (Fushino and Ia
wakami) we were hung all night, an,
the two who were holding ms up cav
la at ninetwenty the next morning. Al
they wanted was the night y lodging "a
the good hotel and another days pny
! am getting tired of this sort of thinp
and II u dopt stop | ana going 20 20
oui ~ here.
The Jury who decided Morris fat
wRs composed ~ william Trfoll, Rd
ward 81 Bruins, William Il Isaac, Vii
llAm = liuchle, sam ~ knmakau Ben
lnmln IS AsHm, Sam rupuhi, 4. u. +
Smith, David Richards i, u, Clement
lohn ionfeld, aud William h. Austin
Tho lrm WHs as full NJ iiridrnt dni
inR lin iAri moments ns 4 hoe been duI
lnP lig entire H0plrtH. rHihehrl b hnu
uddl0rs lD lho lniN Wauld huYr nui
rlHmei nrmobiheaps NJ ihc noldul
Month pna Nas real piece NJ Wa
oNiaTy
nlnlaal naAa lAa nnanlnR aAaIlss M