The Hawaiian gazette., 1914-10-13
MISTRIAL IN M'CARN, CASE
is RESULT OBTAINED
(From snndar Advertiser. }

trfOm sunday AuNertlseE)
At one o'clock this morning, sftor
hrsing been out since eight o'clock, the
Jury in the Mcoarn trial reported .
disagreement ana was dis-lsssed. The
members stood eight for conviction and
four for acquittal
Earlier in the evening the jury came
into court and Louis Underwood, the
fcyensn, stated that tho jury could
not agree upon verdict. Judge
whitrey stated that he had mover had
jury in which he had more confidence
and expressed surprise at the failure 60
reach verdict. He sent the ..e-.bers
back for a further dcliberation. n tire
hope that an agreement could be
reached.
AZ one thu morning with The jury
two 40 one, II was dismissed.
INTERESTED CROWD WAITED
A large number Of interested ones
waited for the verdict Jeff McCarn
and a large number Of the ladies who
have been supporting him during the
trial were there. L. J.. McCandless,
United States Marshal smiddy, Attor.
hcys Magoon. Lightfoot, Humphreys,
Thonnpscn and Catheart and large
crowd of those who who have been fol
lowing the cage in court stayed until
the end @9a t
SPEEDY RETRIAL
A motion for rctrial viii be hoard
en- Monday morning. Judge Hum
phreys, reprerenting thu defense, stat
ed that the defense desired to 90 ii
trial on Tuesday Prosecutor Cathcart
said that the sooner the cass was called
the better he would be satisfied
Several bouquets, ready for pre3enta-
don 70 Mr.. Mccain, were not called
into action Mcoarn refused to CON.
mens on the eight who wanted to CON
vict hiT.
5 Ten,hour Session
For almost ten hours yesterday, be-
ginning at nine in the morning and
closing at forty-three minutes after six
o. clock in the evening the jury in the
McCarn criminal case listened to argu-
ment by counsel for the prosecution
and the defense, after which Judge
Whitney delivered the instructions on
behalf Of the opposing sides and for
the court. The case went finally TO
the inry alta quarter.past seven o clock,
al which time the Jurors went out for
dinner in charge Of Bailiff A. X. Aona,
returning at half,past eight O'Clock,
when the actual consideration of the
verdict began. ..'..
Lorrin Andrews, special deputy at
tOrney general, opened the argument
to the Jury FIVE minutes after court
convened in the morning and SPOKE
for almost two hours He was followed
by Attorney Lightfoot for the defense,
who spoke continuously from eleven
until ten minutes to four O'Clock, with
the exception Of an hour and half
taken at noon for luncheon. Attorney
Magoon, also for the defense followed
Lightfoot and spoke for an hour. The
closing argument toSthe jury was begun
by City ATTORNEY Catheart at fve.twen,
ty-two and concluded a six forty.three.
~. streng on Sympathy
Attorney Magoon spoke for almost
m hour and half aud closed the arpu-
mcnt for the defense He seemed both.
cred because the prosecution would
have the closing and he did not know
what Cathcart was going to say to this
jury, he said. The defendant was land
ed. in comparison TO McCarn great
men of history faded into iDsignificance
Mr.. Magoon played strong ON the sym
patty chord and dwelt long, with tears
in his voice, upon the aIndering Of
family ties were the defendant to be
found guilty. The close of his perOra.
tion was devoted solely TO the end of
influencing the jury, and he hid not the
fact, in favor Of the defendant, IRE.
spectiye to tho merits of the ease.
:, Lightfoot Roasts Federal Judge
Again yesterday Mr. Lightfoot re-.
verified TO the mention of Judge Glenn
ons' name, stating that McCarn had
appealed for protection to the court
and that this had not been granted
him. Without mincing words he re.
ferred to the second Judge of the fed,
oral court MS one with spine like
a jelly6sh," ~ H..
Mr.. Ligbtfoot often referred to Me.
Bride as "a great northumberland
twenty.fve'pound brute and bully.
Mr.. Magoon, in opening his address,
said that be had been advised to read
his Observation-Disclosures brief on
the Kewalo ease TO the Jury, as it had
as much TO do with the assault upon
Mcbride AZ JEFF McCarn, the defend
ant. had, Prosecutor Cathcart, who
followed, referred 10 this, WILL ~
B.. Final Summing UP -"
Mr.. Catheart, IN part, sam. f,,.a
% Mr, NagOOu might as wen have
reaJ his brief IN the Kawulo case
said I ity Attorney Cathcart, ia closing
for the government. cit would have