The Hawaiian gazette., 1913-10-24
Attorneys in Criminal Case Agree
on Majority Vote of Jury and
Prisoner Is Victorious.
(From Thursday Advcrtiscr1

(From Thursday AdvCrtiscr)
"Mr. Brown.-On behalf of the
prosecution | am willing to stipulate
at this time that the prosecution will
be bound by the majority vote Of the
twelve jurors. If the maiority vote of
the jury is for acquittal the prosecution
is ready to dismiss the case, if that
announcement is made. If the verdict
of a majority of the jury is for con
Eviction, | understand that counsel for
the defendant will accept that as Il ver
diet against the client.
1.-THE Court.-ls that corrcct9
Mr. Lightfoot.- is correct.
The above is taken from the official
record of Stcnographer J: w. Jones in
the trial yesterday before Judge Rob
son of the criminal branch of the local
circuit court in the ease of the Terri
| tory against T. lnada, who was Tried
yesterday by n jury ON a charge of
selling liquor without Il license.
First Instance in Honolulu.
| 1t is the first case on record in IIo-
uolulu, and so far as is known in the
| Territory, in which an instance of this
nature was brought to light.
nv lNlN ltllINl dI Idll-IluSI ltll
o clock yesterday morning to arrive at
a verdict, but it was only some minutes
after half-past two clock in the aft.
emoon that it returned to court, and
when it did so it was only to report
that the jury had failed to agree on a
verdict.
The trial of the case lasted only an
hour and half, and ms Deputy Attor
IL l..
prosecution, noted the long delay of
the Jury in arriving at verdict he
turned to Attorney Lightfoot, who had
conducted the defense, and said
Joe, let stipulate that if there is
Il disagreement we will be bound which
ever way the majority of the Jury
goes, aud he explained the situation
as set forth above.
"rhat 5 a 20, Arthur. IN game. -
And he was, and because he was game
Y. lnada later walked out of court u
free man.
As the jurors filed into court aud
took their places ih'the jury box, Dep
uty City Attorney Brown arose and
made the above statement to the court.
Judge Robinson asked Attorney Light
foot n that was correct, and on being
informed that il was the Judge turned
to the jury aud explained the situation.
- do not want TO know what jurors
stand for conviction or acqpittal, as
that would be an Improper procedure,
but ! will ask you how the jury stands,
As to numbers, in this regard
benjamin Sammons reported that the
Jury had been unable to agree on a
verdict and that il stood nine for ac.
,pftta1 e..
n smile, Attorney lightfoot moved for
the discharge of his client, and this was
ordered by the court under the agree
ment entered into between counsel.
Procedure Is Legal.
This novel procedure appealed to a
good many who were in court at the
time, This is quite legal. for the man
WAS charged only with the commission
of misdemeapOr, said Judge Robin,
son. " Had he been tried on a charge
Cf felony It would be different, as in
that case the Jury would have TO be
p unanimous one way or the other. la
misdomoanols the defendant can b,
= tried by any number of Jurors under
. twelve, according 10 agreement
B 'Ihls case was a commitment from
ihe district court, whore the man, nov
+ discharged, was sentenced 10 pay hu,
! of 500, Twenty ,ouo Jurors had 10 up
pear this morning Tor tho selection ui
twelve men 40 Try the rase. Ia iurou
. 'crs alone the casr cost siNty-three dol
! lars Had the Jury lcru held until 10
. mIlruW 60 arrive ut "a verdict or hn,
another lurY been rrlrucd 90 ty th,
.nsr, llho nmnuni m ulOr trr
would have ~ bo paid out
TOO luIY Nns made up u foIluNr
William A. iiall William W Mfbf
ianf ~ lidl's nrorsr d bruu., llru
lHult rnwmnus lamrs Htunel llHIlnl
|I MpiNI NInHm k. hHfrh,rsnH
: NuiWouh ~ liu,muHu, MurlN ih.H
n,nIsr N hanW HHl llAfall o llhi
, fr'ien,