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

| the QOOFWtH. Al IcStSl SSOie Vi W.
men besides the defendants sister
and her personal friends were inter-
ested listeners.
Seldom if ever has a local court
witnessed trial more closely fought,
yet without bitterness, nor have more
ELOQUENT, logical, convincing argu-
ments been presented to a jury than
! in this case now drawing TO its close.
The city and county attorney has had
four attorneys pitted against him
! throughout, and two Of these were ar
rayed against him actively in the APP
peal to the jury today. yet his open
ing address was mastery effort, OF
such power that many spectators.
previously inclined to indulge in pre-
ldictions of acquittal. radically altered
their opinions after hearing him.
While Attorney Cathcart did not
| flay 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 it 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
1T there was no hint of vindictiyeness
rather, a deep pity for the misguided
man who had committed the act of
llife-taking; but withal deep and
abiding charge that above all such
sympathy for the unfortunate indi.
vidual and his family must come the
duty to ones fellow man, the respon-
sibility to society, to the state and
/ the law. He even touched with sym.
pathy upon the position occupied by
Marshall's father and sister, the for
mer who had come. he said. halfway
around the world to stand beside his
son in the hour of his adversely, and
/ 1.-THE latter who had daily shed the one
bright light upon an otherwise sordid
land most unpleasant affair.
In his powerful attack upon the
Theory and evidence of, self-defense
1.-THE prosecutor said that had Marshall
mot possessed malice and premedfta-
ttion he might have escaped from the
danger of great bodily harm or death
at the hands of GueTtler and the lat
tiers friends without himself causing
death. Marshall had just entered the
Puahi dance-hall through the door
i from the telephone room, and stood
not more than two or three feet from
lit
i He. heard and answered question
from Miller; he saw Guertler and Dick
rise from their seats at the farther
1 end Of the hall, so or 60 feet away,
and start toward him. Ggertler wav.
ing his arms and shouting:
Hold on. boys, Lex ne put him
/ QUIT ~
| Marshall declared, said the prose
cutor, that he greatly feared them;
yet he made no move to escape
While Guertler and Dick walked that
4 so 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
Iroom and thence outdoors.
i Or If he really wanted to avoid
/ trouble, urged the county attorney,
i when he saw those men approaching
i and knew trouble was brewing he
could have drawn the revolver and or
dered them to halt The mere sight
lof the gun would have checked them.
They were unarmed, and Marshall
could have gone away at his leisure.
i 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.
i The direction taken by the bullet in
its course through sGuertler's body
showed, said Cathcart, that Marshall
did not stand directly in front of
Guertler. 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,
as Marshall shot with his right hand
and from his right side.
1 Attorney Cathcart declared il
strange that Marshall, fearing Dick
and 'Guertler so much and entertain.
ing such dread of what they might dc
to his friend Drew, should yet have
driven all the way downtown with
Startup, leaving the later at the I'm.
ion Grill, then returning to his own
home at the beach before going back
| to get Drew He thought this an.
tnounced fear and Marshall's dilatory
action somewhat inconsistent
Carefully, point by point, he review.
ed the entire testimony that has been
given in the last two weeks in the
case, taking up the story as set forth
by the prosecution, then that of the
defense. At the end 40 asked for a
verdict Of guilty as charged. This is
murder in the first des-ee, and if such
"a verdict is returned, Marshall will
receive the. death sentence. H.. 49,.
Mr., Mexican, in relating a brief his
tory of the events leading up to the
fatal night in the hula resort, cited a
number of instances where the prose
cution had failed to secure testimony
concerning certain incidents. THE
prosecution has argued in the light of
the facts proven he said, "and that
4 10 tho Matthew A.;