Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-07-19
RIOT TRIAL
CONTINUED from PAGE II

selves. Each Juror should listen with
attention and Difference to the argu
ments of mis- fellows, and with distrust
Of his own judgment II he finds large
majority Of the jury taking different
view of the case from what he does
himself No Juror should go to the
jury-room with blind determination
that the verdict shall represent the
opinon of the case entertained by him
at the moment he enters the jury-room.
He should not close his ears to. nor
exclude from, his consideration the ar
guments of men who are equally hon
est and Intelligent as himself.
Absolute certaiptv can not be expect
ed in large proportion of cases be
cause OF the transitory character OF
human recOllect on OF past events and
a difficult and imperfect. and often In.
accurate expression OF the various
mental processes by means OF words
and phrases. Tine degree OF certainty
required In criminal case DIS 10 the
truth Of the charge set forth in a com
plant or indictment is not which
transcends or even equals absolute
certainty or positive conviction to such
an extent as 10 exclude every possible
doubt, but only that degree of GER
tainty that will exclude every reason
able hypothesis but that OF guilt-a
moral certainty such as will satisfy and
direct the understanding and Judgment
OF those who are found to act con-
scientiously upon 1t not such as might
be necessary to induce a person of the
greatest prudence and caution to act,
but such as a person OF ordinary prud.
ence and caution and of ordinary In
telligence and understanding would be
willing to act upon In the graver and
more important affairs OF his own life.
/ The jury went out once more and
was locked up. Less than an hour lat
er they were back In court, still hope.
ilessly at odds. Judge Robinson would
probably have held them longer and
was plainly adverse to discharging
them at this time. Lightfoot arose
and moved that they be dismissed
making long speech over the mat.
ter Ballou was representing the pros.
ecutiOn and Kinney did not arrive un.
til later, hopping his brow and asking
for information. Judge Robinson in
formed him OF the status of the case
and after moments consideration
curtly, and with wave OF his arm
offered NO objection to their dismissal
After they had left the room, Goudie
was asked as TO the standing of the
jurors in the matter. He CURLY re
fused to give any information on thu
subject, saying that they had made AZ
agreement among themselves not t
,divulge this point.
In his report to the Judge. Could,
stated on behalf Of the jury that the!
had done all they could as citizens Il
arrive at fair and unanimous verdict
He stated that he might safely ga!
that they had taken at least thirty t.
forty ballots in all during the time the,
were locked out.
When they were sent to bed at thu
Young Hotel, Saturday night at II
o'clock. they continued to discuss til,
case and strove to arrive at an agree
: ment until $50 Sunday morning. The,
again resumed deliberation immediate
lly after Sunday breakfast, and at
O'Clock D. m. we're called into court
where they announced that they wer,
no nearer verdict than before, Judg,
Robinson repeated his admontion an,
luntil 0 o'clock this morning they di,
not report again.
The ballots as first taken were a