Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-03-26
.MARSHALLS FATE
| HANDS Of JURY
THIS AFTERNOON
tcoutinued nom page one,

lOOuu0ue0 IToul Udtsc OuCt
premium along the walls and around
the doorway. AT least a score of wo-
men besides the defendants sister
and her personal friends were inter-
esfed listeners.
Seldom IL ever has a local court
witnessed a trial more closely fought,
vet without bitterness, nor have more
logical. convincing argu-
ments been presented to jury than
in this case now drawing 10 its close.
The city and county attorney has had
four attorneys pitted against him
and two of these were ar
rayed against him actively in the APP
peal to the jury today. yet his open
ing address was a mastery effort, OF
such power that many spectators,
inclined to indulge in pre-
dictions of acquittal, radically altered
their opinions after hearing him.
While Attorney Cathcart did not
fay the accused man with yitriolic
rhetoric as he has been known TO do
in other murder cases, he brought out
the main discriminating points in won
derful clarity and with such impress
siveness that ii would seem impossi-
Bile to forget them, asking the jury to
return verdict of first degree murder.
Somewhat contrary to precedent, his
peroration seemed to come at the
opening instead OF the closing, yet in
it there was no hint Of indebtedness
rather, deep pity for the misguided
man who had committed the act Of
life-taking; but withal deep and
abiding charge that above all such
sympathy for the unfortunate indi-
yidual and his family must come the
duty to ones fellow man, the respon-
sibflity to society. to the state and
the law. He even touched with sym.
pathy upon the position occupied by
MarshalHs father and sister, the for
ner who had come. he said. halfway
around the world to stand beside his
son in the hour Of his adversely, and
the latter who had daily shed the one
bright light upon an otherwise sordid
and most unpleasant affair.
In his powerful attack upon the
theory and evidence of self-defense
the prosecutor said that had Marshall
not possessed malice and premedita-
ton he might have escaped from the
danger Of great bodily harm or death
at the hands of Guertler and the lat
ter's friends without himself causing
death Marshall had Just entered the
Puahi dance-hRll through the door
from the telephone room. and stood
not more than two or three feet from
It.
He heard and answered question
from Miller; he saw Guertler and Dick
rise from their seats at the farther
end of the hall, so or go feet away.
and start toward him. Guertler way
ing his arms and shont.ng
Hold on, boys, LEI me put him
out.''
Marshall declared, said the prose.
cutor, that he greatly feared them;
vet he made no move to escape.
While Guertler and Dick walked that
90 or so feet down the length of the
dance hall, Marshall stood his ground.
He might have stepped two feet
through the door into tne telephone
room and thence outdoors.
Or if he really wanted to avoid
trouble, urged the county attorney,
when he saw those men approaching
and knew trouble was brewing ne
could have drawn the revolver and or
dered them to halt. The mere sight
of the gun would have checked them
They were unarmed, and Marshall
could have gone away at his leisure,
taking Drew with him. But Marshall
gave no warning, no hint that he had
the gun. waiting until Guertler and
Dick were almost upon him. Then,
declared the prosecutor, he took one
step forward and slightly to the left,
at the same instant and without a
word, drawing the revolver to his
waist and firing.
The direction taken by the bullet in
It's course through Guertler's body
showed. said Cathcart. that Marshall
did not stand directly IN front OF
Guertier It entered the body on the
right side. travelling downward and
inward. Had Marshall been directly
facing Guertler the bullet would have
penetrated the latter on his left side,
do hdTSudu sSiIOt Will HIS -FlSnI 0dHu
and from his right side.
Attorney Catllcart declared It
strange that Marshall, fearing Dick
and Guertler SO much and entertain
ing such dread of what they might do
to his friend Drew, should yet have
driven all the way downtown with
Startup, leaving the later at the I'm
lon Grill, then returning to his own
home at the beach before going back
to get Drew. He thought this an
bounced fear and MafshalI's dilatOry
action somewhat inconsistent
Carefully point by point. he review.
I'd the entire testimony mat has been
given in the last two 5seeks in the
case. taking UP the story as set forth
ty the prosecution, then that of the
defense. At the end ne asked for a,
verdict of guilty as charged This is
murder IN the first deg-se, and if such
q verdict is returned, Marshall will
receive the death sentence.
Mr.. Mexican, in relating brief his
tory Of the events leading up to the
fatal night In the hula resort, cited
numbet Of instances where the prose
eution had failed to secure testimony
eprfair, incidctte sTI5a