Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-09-28
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y evidence more than a scintilla, I
Il say that there was eviden
The motion for q directed w
y OF the decision handed down by
= the motion of jeff McCarn's couns
49, y =
Judge William L. Whitney this
morning denied to the counsel foI
Jeff McCarn, WHO now Is on trial In
the circuit court on charge of an as
sault with q dangerous weapon upon
Claudius McBisde, motion that the
court instruct the jury to return a
verdict Of not guilty
NIn his decision Judge Whitney point
ed out, among other things, the evi.
dence introduced by the prosecution,
tending to show that the defendant
reached for his hip pocket" that the
defendant was at the time armed with
q loaded revolver and that defend
ant, grasping the reyosger, started to
withdraw It from his pocket He re-
sferred 70 the local statute tSs-Le Sec.
1900 which defines assault to be "a
malicious attempt forcib1y to do a cor
poral injury to another without au-
thority or justification BY law"
Regarding the cases cited by the
defense during argument OF the mo-
tion Saturday to show that Mr.. Nc
earn committed no assault, but was
merely In possession of revolver" !"
the decision says:
The court has examined all the
cases presented by che defendant to
substantiate the contention that the
gun must be presented In none Of
them, except White VS.. State, infra,
does 1t appear that there was any at
tempt on the part Of the defendant to
use the gun. It would follow as mat
ter Of reason that the very essence Of
the crime OF assault being the at
tempt, were the attempt absent no
crime could be committed"
=. w. Thompson on Stand.
The entire morning was given over
to the direct and cross-examination Of
]. w. Thompson, assistant district at
torney, who was the first witness to
be called by the prosecution. Accord
ing to Mr.. Thompsors story he was In
his office when the -affair" between
McCarn and Mcbride commenced, hav-
Ing gone there Immediately, he said,
after court had adjourned Asked re-
garding a revolver IN Mr.. McCarn's
possession he stated that he bad seen
the district attorney draw his gun,
but that he did not remove 1t from his
POCKET until he was on the floor.
An interesting point was raised
when Mr.. Thompson. during cross ex-
animation, was asked by City and
County Attorney ]. w. Cathcart to tell
what he had stated to the federal
grand jury when that body was inves-
tigating the McCarn-McBride matter
The asking of this question called for
a strenuous objection from counsel for
the defense and resulted In much con-
sulting of law text books. Judge Whit
ney VIII render decision on this point
tomorrow morning. The defense
brought out the argument that Mr..
Thompson, or any other person having
been before the grand jury under oath.
could not rightly divulge what he had
told the grand jury.
Says Mecarn insulted.
In his address 20 the jury, following
the denial Of the motion, Attorney
Joseph Lightfoot, one of the counsel
for McCarn, spoke In part as follows:
"It is now my duty to outline TO
you briefly the facts we win rely
upon in asking verdict of not guilty.
What say may not be proof. but 1t,
is what we expect to offer as proof.
We expect to show that In the case
of Mr.. and Mrs. Sylvester during the
two days OF the trial. May 4 and s.
Mcbride, appearing for the defend
ants, had constantly and repeatedly
made insulting remarks to Mr.. Me-
earn; that Mcbride accused McCarn
Of q felony in that he had accused him
Of being recreant to his Office and
abusing the criminal process Of the
United States for wrongful purposes
He also accused Judge Ashford and
Mr. McCarn OF entering into con-
spiracy which would make 4 felony =
At this point Attorney L9htfoot de-
clared that on the evening Or Nay s.
Mcbride had made some insulting re-