Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-26

selected until the decision of the Il
men was returned there we're pfoph-
ecy after prophecy that the jury would
hang" or If there was a verdict is
would be for aequittal.
1t is an unfair statement and expec-
tatien as the verdict shows, but it
vas the unknown that was mistrusted.
d majority of the jurymen being from
outside plantation districts and stran-I
gers here The prophets failed to re-
allied that the oath of these jurymen
was considered just as serious as III
would have been by others. On the
other hand. part of the jury was
such that it could honestly be expect
ed to be partial, if partial at all, to-
the defendant. In the TeniTe were
members of his own race and others
that were, if not former intimates,
more than acquaintance.
That satisfaction was expressed re.
garding the returning of a conviction
was not because the recreant
supervisor must serve a term of i'm.
prisonment, but that it could not be
said the people of Hawaii eountenanc,
ed grating and that guilty men could
not be convicted in this circuit.
The closing hours of the trial were
by far the most interesting, the evil
denee in the case having been pub
lished months in advance by the
newspapers and no new points were
brought out.
Assistant County Attorney Heen
was selected to open the closing ar.
gument for the prosecution, he hay-
ing given valuable assistance to At
torney Breckons during the trial
Heen told the jurymen that his was
an unpleasant duty to perform on &C
count of his long personal and Off
cial acquaintance with the defendant
while regret the necessity of hav.
ing to act, it is my duty and will
fulfill it to the best of my ability"
the young prosecutor said at is also
perhaps an unpleasant duty that you
jurymen have to perform, but / be-
lieve that like myself, however un.
pleasant the duty, you will remember
your oaths and bring in a verdict ac-
cording to the evidence" "
Heen took up the evidence item by
item and went carefully over the case
presented by him and Breekons, clos
ing with the statement that ne be-
1ieved it was sufficient to require the
jury bringing in verdict of guilty.
Enthusiastically, Kealoha re-
marked when the attorney finished
"Heen made a good talk" q
Attorney Mcbride, in arguing for
the defendant, fguratiyely waved the
flag and cited the constitution to as
sure the jurymen that they must not
be afraid of Attorneys Heen and
Breckons, Judge Parsons or God Al.
mighty. You are the supreme court
in this case" he told them. 4
Mcbride made much of the fact
that the county accounting system
was so loose that it had been shown
on the witness stand that someone
not connected with the county treas
urer's office had filed out receipt |
for ! county realization. He had |
reference to the testimony of Treas.
urer Swain that he did not know how
one of the receipts had been filled
out by Harry Hapai, who he admitted !
had no connection with his office. BY
inference, Mcbride argued that If |
Hapai could receive money for the !
county in the treasurer's office when |
he had no business there, that there
was no reason why others could not |
have done the same thing and have
kept the money, thus accounting for !
the amount Kealoha was accused of .
= -,."..
Mcbride also advanced the idea
that if Kealoha was guilty, it was
not of embezzlement He intimated !
that it might have been a case be- !,
tween Kealoha and Mcguire of you |
scratch my back and I'll scratch !
yours" explaining that probably the !
former county auditor had asked
John 20 get him some crushed rock
for his home and Kea1oha, on account
of their friendliness, agreed to do so |
with. only the understanding that Ma |
guire pay for the labor and cost Of !
THAT would not be !
endorsement" was the declaration !
of the defending attorney.
During his talk Mcbride poked |
much fun at H. Gooding Field He I
him as "bookkeeperl
and called him "Goody" i
Field, GOOD Pay Field and various /
other terms, constantly referring to I
the $500 salary which the accountant
receives.
When attempting to explain the
courts instructions for the jury, Nc
Bride was called down three times by
Judge Parsons. When he was
stopped first he asked that an OBJ !.
lection be entered in the record, re-
cording his belief that the court was
and biased. A few mo-
ments after he did the same thing
and was stopped. The third time he
did so, the Judge was plainly in /
censed, but contented himself by say,
ing in seornfu1 tones: Mr. Mcbride,
The court cannot explain the instruc- !.
tons and certainly you cannot.