Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-03-25
CASE
GOES TO JURY
in MORNING
CONTINUED from page onel

Marshalfs home, which we're obtained
some months ago for the defense were
not offered in evidence and thus have
proven useless. They purported to
show the young mans character and
standing in his home community. On
the witness stand yesterday the de-
PENDANT testified he left home in 1906,
hence the t-spositions could have no
bearing on us conduct during the sew
en- years just prior to the tragedy here.
1t is generally conceded by those
who followed the trial and heard Mar
shall's testimony that he created a
strong favorable impression. which
may have much weight with the jury.
His bearing was modest, yet appar-
emily unaffected, and his testimony
was that Of an educated. highly in
telligent, quiet, likable young fellow.
He told his story Concisely, without
confusion and with natural, unstrain-
ed courtesy that seemed to win be-
lief in its nlausibility and the nara
tors sincerity
Throughout the cross-examination
by the city and county attorney the
defendant maintained this admirable
poise, responding directly and without
hesitation to every question, making
10 contradictory statements.
| Throughout the trial much stress
has been laid ON the positions of diff
ferent actors In the hula house dur
ing the tragic events of the night OF
August 8 last, many measurements
have been taken, introduced Ii court
and discussed at lengtht. It Is ex-
! pected that the prosecution will build
| up nice point on these, In an effort
to prove that had Marshall not con-
templated murder that night and had
be been really peaceably inclined. as
he has testified, he might have es-
capped Guertler and his crowd in
stead of permitting them to corner
HIM near the door leading from the
dance hall into the telephone room.
Though the purpose or the jurors
in desiring to inspect the hula resort
a second time was not made known,
of course, 1t Is thought ;aey sought
tn ascertain by observation, whether
it had been actually possible for Mar
shall to escape through this doorway.
II was stated this door was sliding
affair, opening two or three feet from
the outer wall Of the dance hall The
inner waH, extending from the outer
one to the sliding door, formed the
corner into which Marshall says he
vas crowded by GueT..3r and Dick.
The exact length of this inner wall
has been in dispute, the prosecution
avering it was a little more than two
feet and the defense declaring it was
nearly three feet. The theory is that
had the door been directly or even
nearly in the corner, Eext the outer
wall, Marshall might have slipped out,
even after his enemies were directly
ever him. It was on this point that
Captain Howe was called by the de-
fensa to testify this morning.
IN his final cross-examination at the
hands of the prosecutor, the defend
ant persisted in his ssuiy that while
he was sparTing with Dick someone
jumped upon him from behind, and
that he did not know who it was. He
also danied that after that prelimi-
nary fracas at the makai end of the
dance hall, when he was led to the
telephone room by Moses Puahi, he
sent out for Dick He said Dick had
accompanied him to tsae telephone
room, and that Dick then protested
to him that none of the Guertler party
were drunk, and that nothing was
meant by the scuffle Witness also
denied that Moses Puahi had advised
him to go home, had put him out OF
the room, and that he had returned
there seeking admittance and had
been denied by Puahi He said he
went back to the house only once af-
ter his first departure, before he took
StartBp downtown and went to his
own room at Cassidy's. He insisted
that when he left the place he drove
his automobile out into the road and
down makai along th.o road some dis
lance, leaving it there and returning
tc the front entrance or the hall,
where he called for Drew. In re
Spouse to the prosecutors inquiries
he reviewed the affair in detail cir
substantially, as he saTe it yester.
day. >.
He declared that Just before he
jumped into his car, while Guertler
was pursuing him the latter shouted
with an cath:
: "All want you to do is to take off
your glasses, you coward; you know
| won't hit you with your glasses on. !"
He insisted it was Guertler who said
, this, not Miller. as the latter testified
for the prosecution.
When he obtained Drew's gun at
Gassidy's that night Marshall said he
took it from its holster and put it in
his pocket without examining it, and
didn't know whether it was loaded.
Returning to Puahi's and going to the
front door he saw through the lattice
work the lights blazing and the crowd
inside, and said that to avoid further
trouble he went around to the mauka,
or telephone-room door. Puahi did not
let him in. The door was partly open
and he walked in. Stepping through