Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-03-27

den,ic sense; in the main IL was ar
gnment pure and simple, delivered by
q postmaster of speech who never
was at a loss for words. absolutely
devoid of self-consciousness. seduct-
lively winning in masterful style that
gradually enyaloped his hearers with
its potency There was good reason
for this, IL is now known That Mr.
McKean,s reputation in Pennsylvania,
as a high-class criminal iowyer has
basis is shown by the statement made
by Attorney Frank =. Thompson. his
colleague, yeste day. that Mexican
has handled 2G criminal eases wherein
the accused were liable TO received
the death penalty.
A welLknown jnrist, at the close of
Attorney McKean's effort was heard
TO remark
Gentlemen. that Is the first really.
prepared address that has been made
to jury in the local courts in many
years.
It was the first and only word Al.
tOrney Mexican spoke throughout tho
trial During the taking of the evil
dence, the selection OF the jurors and
the wordy arguments between cou.t
sci he remained virtually spectator
though busy one He was unceas-
ingly busy, scribbing notes in a huge
tablet, and thus was two weeks in
preparing the master stroke which
he delivered yesterday.
He was not lacking in ready speech
either. At one time he was sharply
corrected by his colleague, Attorney
Thompson, on minor point. In point.
ing out the disparity in size between
Marshall and Guertler, showing that
the former stood only 5 feet inches
in height while his adversary meas
sures feet 2 inches, Mexican recall
ed the difference as six feet.
six feet" shouted Thompson
|laughingly.
well" retorted Mexican drolly,
I'm not like the fellow who said a
certain horse was sixteen feet high
when he meant it was sixteen hands
high. When some one called his at
fention to his mistake the fellow said:
Did I say that? Well. If said
I'M stick to it,
In rebuttal Attorney Carthcart
spoke briefly holding the jury not
more than half hour. He remind.
ed them that the defense had glided
carefully over the point that Marshall,
with the opportunity to escape and
seeing Guertler and Dick bearing
down upon him, did not take advan-
tage of the chance to avoid trouble,
but stood his ground. uttering no word
of warning and finally shooting, caus.
II -. H. fcI1f houa
avoided up to the very moment that
he fired.
Court Charges Jury.
Among the interesting points
brought out in the charge of the Judge
i to the jury are the following
For the prosecution, refused,
The court further instructs you that,
| in order to Justify the defendant in
takins the life of Charles Robert
Guertler in self-defense, he must have
employed all the means in his power
consistent with his safety to have
Iaverted his danger and avoided the
necessity Of the killing; and II you
| find that the defendant could, by re-
Treating, have averted the danger and
Iavoided the necessity of the killing,
lit was his duty to do So tBishoD vs..
State, 73 Ark, SOS; 2 Brickwood- Sack
lett instructions, section S119l.
AS matter of law, no one has a
right to kill another. even in self
defense, unless such killing is appar-
emily necessary for such defense. Be-
fore person can justify taking the
life of human being on the ground
| of self-defense, he must when attack
ed, employ all reasonable means with
I'm his power. consistent with his
safety, to avoid the danger and avert
the necessity for the killing, tSmith
Tvs. Territory. II Okla. $50: 2 Brick
Iwood-Sackett instructions, section
1919.
Before a person can take the life of
an assailant, he must be in posi-
| ticn where he can not retreat without
| increasing danger to his life, or sub
jecting himself to great bodily harm
And If he can retreat without so in.
icreasing his danger to life, or great
bodily harm, he can not successfully
invoke the doctrine of selfdefense
3