The Hawaiian gazette., 1914-01-09
TWELVE MEN
PLACE BLAME
FOR MURDER
James J. Lyons, Accused Of Stay.
ing Japanese Hack Driver,
Found Guilty Of Manslaughter,
While His Companion, Ray 9,
Smith, Is Discharged After Jury
Deliberates Nearly Ten Hours

George James Joseph Lyons, guilty
of manslaughtor in the first degree;
RAY C. Smith, not guilty.
: This was the gist of the verdict re-
turned by the jury in Judge Robinson IS
criminal branch OF the first circnit court
last night at ten minutes past nine
clock, in the case OF the TerritoFy
against the two men named above, who
were charged with murder in the first
degree, the man they were accused pr
numbering being the Japanese hack.
man, Kfkuro Hirai, who was found dead
in his hack at Iwilei on the night OF
August II last.
The Jury retired at twenty-five min.
utes after eleven o'clock yesterday
morning to consider its verdict. At a
quarter to one in the afternoon, not
having arrived at q verdict, the jurors
went TO lunch, in charge Of Clerk v.
M. Harrison, acting as bailiff. Il re-
turned at three minutes past two
clock and resumed consideration on
the verdict. At half-past four o'clock
the Jury filed into court and announced
to Judge Robinson that II had failed
to agree, whereupon the Judge asked
If the Jurors thought that, having con-
sumed four days in trying the case,
they had given consideration Of the
verdict sufficient time. This was an
intimation that the jury should retire
and go to work again.
Before leaving Juror William r. War
ham asked Judge Robinson il he knew
which Of the defendants was lefthand-
cd. This Judge Robinson could not an.
swer, as the point was not brought out
during the trial Of the case. Just why
the information was wanted no inklipg
was given. After being furnished with
the Yoluminous instructions given them
on behalf Of the prosecution, the de-
Tense and on behalf of the court itself,
the jurors filed back into their sweat
chamber aud got to work once more.
At six O'Clock Judge Robinson or.
dered the jury to dinner, but the an
swer came back that it expected TO
arrive at verdict in quarter Of an
hour s time. At the expiration Of that
time word was returned that another
disagreement had ensued, The Jury
then went to dinner, and after return
ing went again to work, until il finally
agreed on the verdict given above.
10. Stood Ten to Two.
II is understood that the jurors stood
ten to two against Lyons from the
start and was unanimous in favor Of
Smith, but that the two for Lyons held
out to the last until the majority agreed
to verdict less than life Imprisonment
Tor Lyons. !,
Lyons turned extremely pale when
the verdict against him was read by
Clerk M. T. Sinonton, for the verdict
means imprisonment at hard labor fol
Lyons for not less than ten nor more
than twenty years under the indetermi.
nate sentence of the Territory.
Judge Robinson will pass sentence on
ing. Attorney s. +. Chillingworth, who
ably defended Lyons and saved hip
probably from the gallows, took the
usual exceptions to the verdict. and
made a motion for a new trial on be
half of his client. Ray g. Smith was
discharged from custody last night by
Judge Robinson, after having been held
for trial since last August. He was
also ably defended by Attorney Leon
M. Strauss sai
From the time the jury was finally
sworn to try, the case 1T was felt that
it would be next TO impossible to SO
cure a verdict of murder in the first
degree against both or either defend
ants, as Juror John William Smithlel
announced to the court that he was Op
posed to capital punishment and he fell
that his conscientious seruples iwOulC
stand against such a verdict. 1t wal
stated then that one was slipped owe
on City Attorney Cathcsrt Tor allow
ing Smitbies in, the first place to re
main ON tho trial panel.
Defense Closes Early.
The defense put on it's case yesterday
morning at half-past eight o. clock, bu
neither defendant was called to tn,
stand. Among the witnesses who test
fed for the defense were Eugene
Hayes, soldier who stated that Lyon
had been in his company the eYspinl
Of Kikuro Hirai IS murders d. l.. Mac
Kaye, who reported the story Of TIL
murder for The Advertiser; Lieut.
Robert s. Donaldson, Capt. L. r, Hol
brook, Corporal Joseph Moret and Pri
yate Gorbett Waysong, Of Seho6ei'
ParratlSs all Of whom gave the defend
ants excellent character. Military dpeu
ments were introduced in evidence
which gave the history of the seryic
Of the defendants. This was all to tn,
good, as far as the accused men wer
concerned. $50
The defense rested at thirty-five min
utes after nine O'Clock, Attorney y. \
=, Chillingworth, Sr,, for Lyons, con
stunned about ten minutes in addressinI