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

demic sense; in. the main II was ar.
gmment pure and simple. delivered by
a postmaster OF speech who anever
was at loss for words. absolutely
devoid Of selfconsciousness seduct-
lively winning in masterfnl style that
gradually enyaloped his hearers with
its potency. There was good reasoI
for this, ii is now known. That Mr..
McKean's reputation in Pennsylvania
as a high-class criminal Iowyer has
basis Is shown by the statement made
liy Attorney Frank +. Thompson. his
colleague, yesterday. that Mexican
has handled &c criminal cases wherein
che accused were liable TO received
the daath penalty.
4 A we'll known jurist, at the close Of
! Attorney McKean's effort was heard
TO remark:
1 Gentlemen, that Is the first really
prepared address that has been made
10 a jury in the local courts in many
years.
1t was the first and only word Al
torney Mexican spoke throughout the
trial. During the taking of the evil
l
/ the wordy arguments between cdu,l-
sci he remained virtually spectator
y though busy one. He was unceas-
Il ingly busy. scribbing notes in a huge
i tablet, and thus was two weeks in
preparing the master stroke which
he delivered yesterday
Il He was not lacking in ready speech
/ either. At one time he was sharply
! corrected by his colleague. Attorney
Thompson, on a minor point. In point.
II ing out the disparity in size between
Il Marshall and Guertler, showing that
the former stood only feet inches
j in height while his adversary mea,
4 sures 6 feet 2 inches. Mexican recall
ed the difference as six feet"
six feetl" shouted Thompson
laughingly.
well" retorted Mexican drolly,
.Pm 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
tention to his mistake the fellow said +:
Did say that? Well, If | said
/ I'll stick to it.
| In rebuttaI Attorney Carthcarf
spoke briefly holding the jury not
more than a 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
ling a death which he might have
avoided up to the very moment thai
he fred.
Court Charges Jury.
Among 4 the interesting points
drought out in the charge of the judge
Ito the Jury are the following:
For the prosecution, refused,
The court further instructs you that
Hin order to Justify the defendant II
ltakins the life of Charles Rober
Guertler in self-defense. he must have
IempIoyed all the means in his powel
consistent with his safety to have
I laverted his danger and avoided thu
necessity of the killing; and if yo'
/ Hind that the defendant could, by re
have averteG the danger ant
avoided the necessity of the killing
liz was his duty to do so. lBishoD VS.
IState, IS Ark, SOS; 2 Brickwood- Sack
EFT instructions, section 3119l
i AS matter of law, no one has !
bright to kill another, even in sell
Ildefense, unless such killing is appaI
emily necessary for such defense BE
fore a person can justify taking tn
life Of human being on the grouni
of self-defense. he must, when attack
ed, employ all reasonable means with
in his power. consistent with hi
Isafety, to avoid the danger and aver
1.-THE necessity for the killing fSmitl
lIvs. Territory, II Okla, $50; 2 Brick
wood -Sackett instructions, section
II31I9).
Before person can take the life Q
an assailant, he must be in a pos
lticn where he can not retreat withou
increasing danger to his life, or sui
jecting himself to great bodily harm
And if he can retreat without so II
creasing his danger to life, or grea
bodily harm, he can not successful
Ilinyoka the doctrine of self-defenSE