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

the character or that acquaintance
would not affect his arriving at a YER
diet II sworn as juryman. Cues
toned by the defense, he said that
he was not prejudiced against the dis.
trict attorney. He was passed for
cause. ...-..' 4s..a ..s
Questioned by Mr.. Cathcart,e Benja.
min Asam said that he had read the
newspaper accounts Of the first trial,
and that he had feeling against no one
connected with the case. Ii was
brought out In the defense's examina-
tion 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 Gertz 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.
I'VE want jury to 60 into that box
that has no fixed opinion" said the
defendant. Just what constitutes a
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 :"
Asam 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
I'VE 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 II L
should become fact that the district
attorney had q gun In his possession
at the time OF the alleged assault, pro:
yiding Mr.. McCarn was justified In
having gun in his possession. He
was passed for cause.
John Al. Bortfeld said that he had
read part of the newspaper accounts
Of the trial, but had formed no opin-
ion. In answer to q question from
the defense. he said that he had no
unfinished business relations with Mr..
Cathcart, and that he was not preju.
, diced against the defendant. He was
passed for cause. SEQ
Reading the newspaper accounts of
/. the trial, and discussing the case WITH
I HIS friends. caused Ernest e. Lyman
to form an opinion as to the guilt or
Innocence Of Mr.. McCarn, he told Mr..
Cathcart, and was dismissed by the
court upon being challenged for cause
By the defense. Robert M. corbaley
was drawn In his place, w. W, Cham
berlain said that he also had formed
an opinion and was excused By the
court, C. w. Macfarlane taking his
place.
James Guild Under Fire.
Following brief examination, James
Guild was passed for cause by the
prosecution. Some fireworks com.
menced, however. when Mr.. Guild was
asked BY the defense II he had not
approached one or the jurymen In the
first McCarn trial, when that juryman
was under oath, and told him to be
sure and stick McCarn.
4 don't remember saying that said
Mr.. Guild.
Are you ready to swear that you
did not?s was the emphatic question
OF the chief Of counsel for the defense.
Il am ready to swear that have
no recollection OF saying anything like
/ that said Mr.. Guild
Have You not expressed TO others
1.-THE desire that Mr.. McCarn would be
lconvicted?"
Il have no recollection Of II"
During argument. the defense offer
| ed to bring the iuryman In question
before the court to testify. A motion
Iby the defense that Mr. Guild Be not
| retained on the jury was oyerruled b.
1.-THE court.
Kelley DON'T Know Mcbride,
| James g. Kelley said that he had
read the newspaper accounts Of ths
/ first trial and talked the matter over
but that he had formed no opinion e
/ to the guilt or innocence Of the de-
Ifendant He was just wondering about
the case, be said. The defense exam
lined the juror regarding his relation
shin with the prosecuting attorney and
i the defendant.
,And Of course you don't know Mr.
iMcBride. said the chief Of counse
FOR the defense,
Kelley said that he did not
Three other jurymen stated tina
they had formed opinions regarding
- =, svfstff - fnroroneo NJ the defend