Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-10-19
SPECIAL Panel
NECESSARY FOR
MCARN TRIAL
CONTINUED from page one)

the character OF that acquaintance
would not affect his arriving at a YER
dict II sworn as q juryman. Cues
toned by the defense, he said that
he was not prejudiced against the dis
ltrict attorney. He was passed for
cause.
Questioned by Mr. Cathcart. Benja.
min Assam said that he had read the
newspaper accounts OF the first trial,
and that he had feeling against no one
connected with the case. 1t was
brought out In the defense's examina.
ton of the witness, however, that
Asam had formed an opinion as to the
guilt or innocence Of the defendant. /
The defense challenged the Juror for
cause, and Adolph Gerts was called in
his place.
Following further questioning by the
prosecution, Attorney Cathcart oppos.
ed the challenge. The challenge was
argued at length, Mr.. McCarn taking
part for the defense. II
1--WE want d Jury to 60 into that box
that has no fixed opinion, said the
defendant. Just what constitutes q
fixed opinion was taken up for discus
sion, the court stating that not one
man In 20 knows what Q fixed opinion
is. The defendant retorted by saying
that then We should have no juries :
Assam was excused by the court.
Edward b. Friel said that he had
read the newspaper accounts of the
first trial, but had formed no opinion
either way.
Have you any political associations
with the defendant. asked Mr.. Cath
cart.
We belong to the same political
party, but that would not influence
me" answered Mr.. Friel.
He stated TO the defense that he was
not prejudiced against the defendant
and said that he would not become
prejudiced against Mr.. McCarn IL 4
should become q fact that the district
aftorney. had gun in his possession
ct the time of the alleged assault, pro
viding Mr.. McCarn was Justified In
having q gun in his possession. HI
/ was passed for cause.
John Al. Bortfeld said that he had
read q part Of the newspaper accounts
OF the trial, but had formed no opin
j ion. IN answer to question from
| the defense. he said that he had NJ
diminished business relations with Mr.
/ Cathcart, and that he was not preiu
Idiocd against the defendant. He wal
passed Tor cause.
Reading the newspaper accounts o.
! he trial, and discussing the case with
( his friends. caused Ernest e. Lyman
/ "a form an opinion as to the guilt q
Iinnoceuce OF MI. MCCAIN, he told Mr.
Cathcaft, and was dismissed by thu
4 court upon being challenged Tor cays'
by the defense. Robert NJ. Ccrbale.
was drawn in his place W.. w. Cham
lberlain said that he also had formed
! an opinion and was excused by thu
court G. w. Macfarlane taking hi
place.
James Guild Under Fire.
Following brief examination, janet
Guild was passed for cause by n,
prosecution. Some fireworks com
nlenced, however. when Mr.. Guild wa
eeked by the defense II he had no
approached one Of the iurymen In thu
first McCarn trial, when that jurymAI
was under oath, and told him to sbl
sure and stick McCarn.s
Il don't remember saying that, SAIL
Nj. Guild.
Are you ready to swear that vol
did notfs was the emphatic question
Of the chief OF counsel for the defense
Il am ready TO swear that hay,
no recollection Of saying anything lik.
i that. haid Mr.. Guild.
Have You not expressed to Others
Il the desire that Mr.. McCarn would b
Iconvictedg'
i Il have no recollection of II. :
During argument. the defense offel
ed to bring the. inryman In question
Y before the court 20 testify. A motor
Thy the defense that Mr.. Guild be no
retained on the jury was oyerruled b
the court
I9<elIey Dent Know Mcbride. !.
n James q. Kelley said that he hal
read the newspaper accounts Of tn
Il first trial and talked the matter over
| but that he had formed no opinion q
to the guilt or innocence of the dc
Ifendant. He was just wondering abou
1.-THE case, he said. The defense exam
lUOU the IULOE lN8AHutu6 Has tStNttcN
ship with the prosecuting attorney AM
the defendant.
and OF course you don't know Nj
Mcbride said the chief Of counse
for the defense.
Kelley said that he did not
Three other jurymen stated tha
they had formed opinions regardin
the guilt or Innocence Of the defend
4 ant, and were summarily excused. Tn
excaEing OF the last juror exhaustin
1.-THE panel. the court ordered tn
drawing OF q nes one.
II was learned from good authorit
Ifthis morning that the prosecution Il
| tends to bring on the witness stan
during the re.trisl the members Of To
last federal grand jury which returne
/ the Indictment against Mr.. McCarl
This win be for the purpose. Il Is SAT-
TO prove that answers to question
lmade by j.. w. Thompson, assistar
Idfstrict attorney. are ct variance wit
| | similar statements which he made b
| fore the grand jury.
The re-trihl win be continued at