The Hawaiian gazette., 1913-10-31
CAUSES DEATH
OF MAN; Gets
SIX MONTHS
Seripio Adaban on Trial for the
Murder Of a Filipino Country
man, Found Guilty of Assault,
Result of Compromise Verdict
Reached by Jury.

IeSdChcu Wy Jul y.
Serilio Adaban, charged with murder
in the first degree for the killing of
Victor Ccry antez, both F.lipinos, was
yesterday found guilty of Ut hni
battery y IA jury in Judge Robinson 5
court. anu shortly after sentenced to
six months Imprisonment, this eng
lust one-half of the maximum penalty
the law allows. The jury retired to
consider its verdict thirty three minutes
after eleven O'Clock yesterday nom
ing, but it was only ten minutes alter
three clock yesterday afternoon that
it returned 20 the court and Foreman
James II. Fiddes handed to Clerk Simon
ION u verdict rs stated above.
Shortly after the noon hour, tho jury
stated it had not yet agreed on YER
diet. 1t was then out until halfpas
one clock, when il again took up THE
consideration OF the verdict. A little
before thee o clock the jury reported
it was still unable TO arrive at yer
diet, Tut Judge Robinson decided to
keep it ut making an effort until Ii
decision was arrived at The jury had
which it was at liberty to choose from.
II did not take the jury long after this
10 arrive at the decision recorded above.
Defense Submits Case
At FIVE minutes after eleven O'Clock
Second Deputy City Attorney A. NJ.
Brown, who conducted the prosecution,
rested Lis case for the government. AT
tornev Straus Immediately rested his
side of the ease without putting in any
evidence. Brown addressed the jury
and Straus submitted his case.
When the court met Mt half-past eight
O'Clock it was found that ali the jurors
summoned under the special venrc is
sued the day before were on hand with
the exception of John r. Davis, CHARLES
A. McWayne, Robert Hair, Angus p.
Mcdonald and Earl X. Ellsworth, who
could not be found, and Edward q.
Du senberg and Archibald NJ Omission,
who had been excused by the court for
business reasons.
Since tie jury was still one rlemL cf
shy, John w. Smithies was drawn and
the jury passed finally as satisfactory
to both sides, the prosecution waving
lis sixth and last fight of percmptory
challenge aud the defense waving the
last two Of its twelve challenges. The
talance of the jury panel was then ex.
cused until notified by the clerk.
A. NJ. Brown read the Indictment. Ia
which the defendant had previously
pleaded not guilty, and made the open
ing statement to the jury as to The
facts the prosecution would endeavoi
20 prove Anacleto Jimincz was sworn
in aS Tagalog interpreted. The follow
IN, 4,,.a ,,,,t "a al %,
:he prosecutions: Ramona Jaramilll
George Il. Newman, who identified tht
cane knife introduced in evidence a.
the weapon with which Victor CeFvan
ter had received the fatal wound; Wal
ter Greenfield aud DR.. c. r. Mclean.
The woman in the ease, Ramona
,Iaramilla, who is claimed to be the
common law wife of Seripio Adaban
told the story of the events which oc
Cured shortly before and which led Il
the trouble between the man whom tn,
jurors found guilty of assault and bat
terry yesterday and the man who live.
no more.
Fatal Fight Described.
Cervantez, the dead man, had beer
living i'm tn, same house with the wit
ness and Adaban at Eva until n few
days before the fatal fight, which oc
CURED on June Is last. According y
the woman, CervanteZ had fallen il
love with her, and although she scornet
his love he was so persistent that OF
the morning of June Is he attacked her
and while she was running away from
him Adaban, who was returning from
the plantation field where he had beer
working, went up to CervanteZ and i
supposed to have struck him down will
a cane knife, although Ramona claim
she could not testify to this as she KEEP
running on and did not turn to see wha
was happening. just what occurre,
only Adaban could tell, but since h
was not called to the witness stand tn
secret remains with him.
The Eva plantation policeman
George Newman, was notified by tn
woman OF what had occurred, and Ii
rushed to the Filipino home, where h
found Cefvantez with his head cut open
Walter Greenfield, who came on th
scene. bound up the man s wound. III
testimony of DIR. G. II. Mclean deal
with the Treatment he rendered tn
wounded man at the plantation hos
pital. Cervante2 died six days afte
the fight.
The w0nan's story gave Attornc
Straus the opportunity to dwell in hi
address 10 the Jury ON q sort of versio
Of The "unwritten law Another in
cidcnt 10 the ease was that althoug
John William Smithies, the remainin
Juror who was chosen yesterday TO CON
pletc the irrv. stated he was oppose
10 rapital punishment and that on per
oral principles he was opposed 10 Fill
lIinos in particular, whom he classed a
"a curse to Hawaii, - Snliihies stated
however, that he was willing 10 give
verdict IN accordance with the evidrrc
el,ited during the trial. lie WIS dul
rally enough, accepted by the defense
Charles r. King, supervising prime