The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1914-03-24
PROSECUTION
NOT SPARING
. MARSHALL
Despite Conflicting Stories Terri.
tory Does Not Relent in Efforts
to Convict Accused Man Of
Capital Crime - Mother and
Sister Prisoners Most Faithful
Friends=-Trial Probably viii
Last Next Week.
! (From saturday Advertisef. ! !

Piling up evidence against John viii
liam Marshall. who is charged With the
murder OF q Il. Gucrtlcr, the prosecu.
tion yesterday cloted the hfth day oil
taxing evidence with its side OF the
case still unfinished During the day
w. X. Dick, who has developed into
strong witness tor the prosecution, fin
ished his evidence and Eddie Miller
went on the stand. His evidence was
not ali in when at haliApast twelve the
case was continued until Monday morn
ing at half-past eight clock. As mat
tiers shape up now, ~ is not believed
that the case viii 20 TO the Jury before
near the end Of the coming week.
Features Of the rase yesterday we're
the unsuccessful attempt of the defense
to shake the direct evidence of Dick
upon cross-examination and failure OF
the prosecution 10 bring out evidence,
If any there is, TO prove that any liquor
was taken by or sold to tho party at
Madame Puahi's hula resort on the
night Of the tragedy. II IA.
Dicks evidence did not tally with
that Of the madame, who was among the
first witnesses to be called on the stand
early in the week, in the particular
that Madame Paahi stated that she was
between Marshall and Guertlcr when
the shooting took place and that she
had laid her hands on Guertler Is should
ers in an effort 20 draw Guertler back
from Marshall Dick stated that the
madame was not near the two men when
the shooting took place; he was posit-
i've of this because he was in the inn.
mediate vicinity and the madame was
not there. aW dM .41T. ",
ON the way from the Bijou Theater,
where the party had attended a boxing
exhibition, and the Alexander Young
Hotel bar where the men later took
several rounds Of drinks, the party call
cd at the Waikiki Inn before il arrived
at the hula resort adjoining Kapiolani
Park. Dick claims that at the Waikiki
Inn the party did not take any drinks,
but that they ealled for piece of ice,
as one Of the. patty was suffering with
headache and the ice was to relieve
him, XIX, al"
During Miller s examination he stat
ed that the ice was obtained by Guert-
Ter and that Frank mado use of II, as
no was the man who had the headache.
The story that the men were so drunk
when they left the Young that they had
to be gotten rid Of by way Of the back
alley, Dick claimed to be preposterous.
Guertler, whose face was usually ruddy,
was certainly not drunk, but Marshall
had been drinking quite some and was,
therefore, slightly under the influence
Of the liquor, .#. Il 70
Miller, on the stand, claimed that he
had never met Marshall before the
evening in question. Neither had he
ever met Drew, who is now dead, nor
Startup until that night, Miller back,
ed up Dick s. statement in regard to the
soberness of the party and Of Marshall =
appearance at the dance hall, eursing
and in belligerent mood, When the
men got 10 the ear shortly after, Mar.
shall was still using vulgar language
and anxious to tight and the witness
told him that if he took off his glasses
he would get all that was coming to
| him. .i''.'
Talking about getting Ills '"ganq, "
Marshall got into his car, said Miller,
Guertler trying to get at him but fail
ing as Marshall's car started away sud,
denly and left Guertler behind. At this
point in the evidence the court took its
adjournment. es r..
The trial Of this ease continues to OK.
cite considerable interest and every
seat in Judge Robinsons big courtroom
is occupied daily with curious crowd.
Marshall's father and sister have been
present at all the hearings. accompanied
by a number Of women friends.