The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-11-24
TO VISIT SCENE
OF THE RILLING
Judge and jury WIN Make Trip
10 LeIIehua Today In
Mcmahon Case.
don rhursday 3 Advertlserl

(From Thursdays Advcrtiser)
Having secured jury yesterday in
the federal court to try Sergeant John
A. Mcmahon, U.S.A., on a charge Of
murder, for shooting Alexander N. Ced.
erlof at Leilehua, everybody in the
courtroom sort Of drew long breath
and got ready to hear the evidence.
But there wasn't any evidence.
However, there was long series Of
arguments between District Attorney
Breckons and Assistant District AttOr.
ney Bittings for the prosecution, and
Attorney Lorrin Andrews for the dc.
Tense, regarding the propriety of the
Jurors reading newspapers with accounts
of the trial; the question as to whether
when the go to LeilehuA this morning
to view the scene of the shooting they
shall have pointed out to them the scene
of the shooting, or simply be permitted
to wander around, and whether the
Jurors should be locked up for the night
or permitted to go home.
The decision was early arrived at
that the jury, accompanied by Judge
Clemens, the various attorneys and
other court attaches should adjourn to
Schofeld Barracks and inspect the
premises at Cederlof's home, where he
was killed, but a disagreement arose
regarding the program for the jury
after arrival there.
| II. ~ -.
turned loose. Andrews believed they
should be herded in a bunch at the
various points of interest and have ov-
erything pointed out to them and ex-
planned. After considerable argument
Judge Clemens reserved his decision
until this morning.
Reading the Newspapers.
But it was in connection with che
newspapers that oratory began to come
forth. Andrews wanted them kept
from the jurors on the ground that
they might become biased by reading
the accounts in the papers.
Breckons, however, hated to deprive
them of their morning paper and took
up the legal cudgels in their behalf.
He quoted decision of Federal Judge
Dillon, of the circuit court of Missouri,
who held the jurors could read the ac-
counts of trial in the newspapers, but
not the editorials.
1.-THE accounts in the papers are con-
coded as correct,' said Breckons, and
can not influence the jurors for they are
bound by their oath to determine the
verdict upon the evidence alone.n
"oh, you might as well say they can
talk and discuss the case with outsiders
on the same contention that they are
bound by their oath,'' remarked An.
drews in whitening tone of voice.
Then Breckons referred to newspapers
in general and to those in Honolulu in
particular, paying them high tribute
for the authentic and correct accounts
of trials and other public matters re-
ported.
Judge Warns Jurymen.
In giving his decision in this matter
Judge Clemens said:
"Gentlemen of the jury; believe l
shall leave this matter to the conscience
of each one of you, and simply instruct
you to avoid anything which may influ-
enee you in this case in any way, al
though it is better that you should not
read the newspapers. It is clearly bet
ter that You do not read anything that
takes sides in any way, or appears pref
udiced or biased. 1t is probable that
you viii do your duty and do it better
if you do not read any articles about
this case. I"
The Judge also decided that as no
evidence had been taken the jurors
could separate for the night and 90 to
theif homes, instead of being locked up
in the care of a bailiff,
Excerpts to Rulings.
Then Attorney Andrews arose in his
most poDderous manner and entered his
exceptions to all the rulings of Judge
Clemops.
lie excepted to the ruling permitting
the jurors to have a comfortable night
at home instead of being locked up;
also he excepted to the ruling that the
jurors might read the newspapers and
the instructions given them in this mat
ter. SO emphatic were the remarks of
the attorney in regard to the news
papers that Judge Clemens gave the
jurors another warning.
The jury as finally completed yester-
day is composed of the following citi-
zens;
J. Morton Riggs, cashier Pacific Fer
tilizer Works.
George Weight, road luna, Wailuku.
Frederick William Klein, with Hawaii
Meat Company, Honolulu.
Harry Dugwell BeVeridge, chemist
Honomn Sugar Company.
Frederick X. o'Brien, bookkeeper,
Halauia, Kohala.
Paul w. Burns, employe Theo. II.
Davies & Co., Honolulu.