Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-11-04
JEFF MCARN
ACQUITTED ON
SECOND trial
tcontInued from page one,

rose from his seat at the counse
table and shook hands with Attorney
j. Alfred Magoon. his remaining coun
isel After receiving the congratula
tons Of large number of his friends
the district attorney, joined a grouI
LOT ladies who have watched the trfa
with interest during the past few
days, among them being Mrs. MeCarI
Miss Cornell McCarn and Miss Mary
d. McCarn. Shortly after. Mr.. Nc
/ earn left the courtroom in company
with his family.
A member Of the jury which acquit
ted McCarn has stated that the Jury
men remained III confinement Just
long enough to sign their names to the
verdict
The territory completed its taking
|of rebuttal testimony at 10 o'clock and
then rested its case. aIr McCarn then
moved that the case be submitted, to
the jury Without argument City and
County Attorney ]. w. Cathcart took
the proposition under consideration,
|eeentnalIy cohsenting to the motion OF
defense being allowed. Instructions
were given the jury by Judge Whitney
at 1910 O'Clock, at which time the
court stated that all Of the instruc-
tons prepared by the opposing coun-
sci had been technically refused The
case went to the jury at 1875 o'clock.
Following the trial of the Sylvester
fff
on the afternoon of May of this year,
In which the prosecution was con-
Quoted by JEFF McCarn and the de-
Tense by 'Ciaudfus H. Mcbride, the at
torneys engaged in an AFFAIR in the
hallway on the second floor of the
building, at which time it was alleged
McCarn drew a gun on Mcbride The
latter knocked the district attorney
down and later had him arrested In
the police court on the charge of as
sault with dangerous weapon.
McCarn was released on his own
reccgnizance and later indictments
were brought against him by the ter
ritoriai and federal grand juries, each
claiming that their respective courts
had jurisdiction to try the district at
torney.
Al decision handed down by Judge
Sanford B. Dole was to the erect that
the local federal court did not have
Jurisdiction to try the case. Steps
were Immediately taken BY the terri
torial court, and the initial trial Of
McCarn was begun September IA be-
fore Circuit Judge William L. Whit
ney. After three weeks Of hearings
the case was submitted to a jury. the
members Of which were unable to
agree. Al motion for retrial was i'm
Emediately made, beginning week
later The retrial came to close
this morning with the returning of a
verdict of not guilty. More than so
witnesses we're called during each
trial.
At the beginning of the first trial
Mr.. McCarn had "a staff of four attor.
|neys, three of whom dropped out dur.
ing the proceedings With the depart.
|ure, of his chief counsel for the main.
Hand during the middle of the retrial,
Mr.. McCarn assumed the duties OF
Iehief of counsel, and continued in that
capacity until the end. He was as.
sisted by Attorney Magoon, the only
remaining counsel. s.
The authenticity of the story pub.
lished in the Star-Bulletin recently to
the effect that Attorney J. Lightfoot
chief of counsel for JEFF McCarn, was
en- route to Washington, d. c., in the
interest of the district attorneyship.
which story was emphatically denied
by Mr. Lightfoot's son. was confirmed
this morning by Mr.. McCarn. who
made the statement that Mr.. Lightfoot
now is in the national capital.