The Hawaiian gazette., 1912-01-09
SUPERVISOR IN
PRISONERS DOCK
Prosecution Suddenly Orders Ar.
rest Of Harry Murray for
Hernandez's Death.
lFrom sntnrday,a Alyerll.er.l

(From Saturdays Advcrtiser.)
Harry Murray, supervisor, and well
known man about town, appeared in
tic prisoners docl, yesterday morning,
at the preliminary hearing Of the
charge Of manslaughter made against
him in connection with the killing of
Timoteo Hernandez. The arrest of the
supervisor followed the decision of the
grand jury that it would not have time
TO pass upon his case before its own
dismissal, and warrant was accord
ingly sworn out by Sheriff Jarrett, ac-
eusing Murray of the crime.
The trial commenced about ten
clock and continued for the rest of
the day, final adjournment not being
taken until FIVE clock with a two
hour noon recess. AT the conclusion of
the prosecution s case yesterday after
noon, Attorney Emil c. Peters, repre-
senting Murray, moved that his client
be discharged as there had been no
evidence that the killing of Hernandez,
the aged Porto Rican, had been done in
a way to constitute manslaughter.
Judge Monsarrat took the motion under
advisement and will pass upon it this
morning.
A new feature of the case as de-
veloped yesterday was that after the
killing Murray spent two hours, if not
longer, driving about the city, with
out apparently thought of the man
he had knocked down.
In making his motion for the dis
missal of the case Attorney Peters as
serted that it seemed as if Murray
was there as a result of a political
trick. Peters relied chiefly on claim
that Murray had not shown malice nor
had the act been committed in spirit
that made it punishable as man
slaughter He referred to Murray s
threat to kill Bolin if he said anything
about the accident, but did not deny it.
He explained it by saying that Murray
had not "wished to shock the guests at
the Buckle luau' by any reference to
the dead man, lying neglected in the
road.
He argued that the witnesses state
ment on the stand on behalf of the
prosecution had shown that Mr.. Muir
ray should be the recipient of COM
mendation and not criticism. City At
torney Cathcart who was conducting
the prosecution then made his state
ment, not a very lengthy one. He de-
clared that Mr.. Peters had miscon-
ception of the part that malice played
in manslaughter cases. Cranky and
candidly," he said "there ism much
to say The court he added, had the
facts before it and could judge them
as well as he. Peters spoke few min
utes longer on malice in general and
then left it to the Judge.
Prosecution Is Finished.
Judge Monsarrat after a moment s
hesitation, said that he wished to think
the argument over and the case was
adjourned. If he decides against Peters
this morning, it will remain for the
defense to resume the trial, in which
case it is probable that Murray will
himself take the stand.
The refusal of the present grand
jury to handle the case leaves it up to
its successor which sits early next
week. The city attorneys department
first advised the police authorities not
to arrest Murray on the strength of
the coroner IS iury's verdict but to wait
until the grand jury reviewed the case,
The first grand jury having decided
that it could not handle the case, the
city attorneys department had Murray
arrested and his trial commenced as
soon afterwards as was possible.
Prominent politicians were present
, at the trial yesterday morning Mayor
, Fern and the several fellow SUPERVISOR
/ of Murray were there. John Wise rep
, sented the Republican committee
Supervisor Mcclellan, the Democratic
} representative on the board, had beer
subpenaed as a witness but was no
: called and it is not known what kinC
of testimony he is expected to give
He was at the Buckle luau when Muir
ray and his party were there.
Murray Not Drunk.
There was no testimony at all to in
dicate that Murray was drunk He haC
been drinking-Walter Doyle testified
] that Murray had drunk the New
! Years toast at the Elk IS club but die
, not know of any other. No one WHIT
saw him that night and who testified
yesterday was prepared to say that h
did not have his head with him al
! the time''
Doyle said that he thought Murra.
4 was IN a 1Oculhr mOoui anu was ieeilul
7 satisfied with the world in general AM
I himself-but he was not intoxicated
Q l3olin suffered severely on the stand 70
/ his attitude on the drink question. II
/ was the only witness whom Peters ha
/. griled, and he got his hottest grillin
! on his description Of Murray's preyiou
S drinking,
{ Boin drew a distinction between In
r toxication and drunk aud Peters Pile
p him with questions about n, with tn
y result that Bolin Was tangled up 10 hi
analysis of what constituted a jag, a
though he stuck 10 his guns wheneve
the questioning Yeered about 90 III
crucial point-the fact that MuTEa
) had 'heen drinking n he was ne
drunk %
% Daiheart conducted tho prosecution
!. assisted hy Attorney GENERAL Lndaa
! Wh0 sni through the trial ana lefi 5ul
before the alignment 0n tho larl ml
f1n DEPUTY tIfg Affnrnfgr MilYfrfo