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

| Marshall's home, which were. obtained
some months ago for the defense were
not offered in evidence and thus have
proven useless. They Hurported to
show the young mans character and
standing in his home community. On
the witness stand yesterday the de-
fendant testified he left home in 1906,
hence the t-positions could have no
bearing on ais conduct during the sew
en- years just prior to the tragedy here.
It is generally conceded by those
who followed the trial and heard Mar
shalIs testimony that he created
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, Hkable young fellow.
He told his story ooncisely, without
confusion and with a natural, unstrain-
ed courtesy that seemed to win be-
lief in its plausibility 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 9 last, many measurements
have been taken, introduced III court
end discussed at lengtht. It Is ex-
pected that the prosecHt7on will build
UP a 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 mis- crowd in
stead of permitting them to corner
hun near the door leading from the
dance hall into the telephone ROOM
Though the purpose Of che jurors
in desiring to inspect the hula resort
second time was not made known,
OF course, it Is thought they sought
to ascertain by observation, whether
~ uau UCCtA dCSu0tly tOoSlptC III No :
shall to escape through this doorway.
II was stated this door was q sliding
affair, opening two or three feet from
the outer wall of the dance hall. The
inner wall. extending from the outer
one to the sliding door, formed the
corner into which Marshall says he
vas crowded by Guer:.sr and Dick.
The exact length Of this inner wall
has been in dispute, the prosecution
ayering 1t was little more than two
feet and the defense declaring II was
nearly three feet The theory is that
bad the door been directly or even
nearly in the corner, aext the outer
vail, 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-exam.nation at the
bands of the prosecutor, the defend
ant persisted in his ssufy that while
he was sparring with Dick someone
jumped upon him from behind, and
that he did not know who it was. He
also denied that after that preliini-
nary fracas at the makai end of the
dance hall, when he was led to the
telephone room by Moses PHahi, he
sent ont for Dick He said Dick had
accompanied him to itae telephone
room, and that Dick then protested
TO him that none of the GuertIer party
were drunk, and that nothing was
meant by the scuffle. Witness also
deNied that Moses PHahi had advised
him to go home. had put him out oil
the room, and that he had returned
there seeking adniittance and had
been denied by Puahi He said he
won't back to the house only once af.
ter his. first departure, before he took
StaTtup 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 nakai along thu read some dis
lance, leaving it there and returning
tc the front entrance OF 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 yestsr-
day
ne sOCItdISu a.IlldJ just D6lOT6 lie
jumped into his car, while Guertler
was pursuing him the latter shouted
with an oath:
'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-roon door. Puahi did not
let him in. The door was partly open
and he walked in. Stepping through