Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-10-10
DEFENSE AND
PROSECUTION
ARGUE CASE
tcontinued nom page one,

tack Of this counsel who IL setting
forth the bitterness Of his SOUL
@Justice for al On HaWaii.D
Mr.. Andrews talked for more than
two hours at times his statements
waxing bitter against the defendant
He argued that, in this territory, there
is not q law for the weak and another
for the strong. but q common law;
that justice il something which can.
not be bought or traded, and that
neither the man with q high position
and of high standing In the comnau-
nifty, who has committed crime, nor
the lowliest man OF the lowest stand
ing. can violate the authority Of that
Justice.
He referred to the evidence where
Mr.. McCarn ID alleged TO have called
Mcbride q lying - - : ---- - -.. :
and when McCarn said that, what
did he mean? said the attorney.
what does that epithet mean 70 any
man? It meant that McCarn did
everything to make Mcbride hit him
so that he could shoot him" He went
over Id detail the testimony given by
the witnesses for the prosecution,
maintaining that, In all but q few
cases, their testimony was eorroborat-
ed by that given by the witnesses TOR
the defense. He referred to Mr.. Nc
earns testimony as fairy tale, and
to the witnesses for the defense "a
gang Of Portuguese from Hilo. He
referred TO the character dispositions
Introduced BY the defense as mere
scraps Oh paper" which had been pre-
pared by men from "McCarnss ward in
Tennessee" in payment OF election
debts. He referred to Mr.. McCarri's
Testimony on the stand as being
false, criminal and untrue" and de-
clared that when McCarn went to his
Office following the Sylvester trial
and put his gun In his pocket, It was
with 10 other intention than that OF
seeking out Mcbride and shooting
him. E
Honolulu Press u Toasted.
Mr.. Andrews completed his argu-
ihent at 1915 o'clock, following which
Attorney Joseph Lightfoot took the
floor in CONNIE ncement OF the argu-
rient for the defense.
IN opening Mr.. Lightfoct dealt at
length with the law IN the case which
WI be handed down IRON the bench
by the court. If this law, he said. Is
unfavorabIe there Is one remedy, and
that is the supreme court. Mr.. Light
foot referred to the dispositions re-
garding the reputation Of Mr.. McCarn
as secured BY the defense from prom
inent attorneys, judges and educators
from different parts Of the United
States. Laughingly, and referring to
Attorney Andrews mention Of the de-
positions, the attorney styled Mr.. Nc
earns mainland Friends as ward heel.
|ers from Mr.. McEaFiiss ward u Fens
|neAsee. = He then pointed out who
these men are from whom the deposi-
|tions were secured attorneys, judges,
senators, congressman. court clerks,
and he mentioned the two newspaper
men. More than 20 Of these, be said.
were lawyers, and he mentioned that
one lawyer is the best Judge Of an.
other lawyers character. And there
Is not q lawyer who would not giye
almost everything for such recon-
|mendation as this be added, pointing
to the pile Of dispositions.
Mr.. Likhtfoots then went briefly into
q copy Of instructions TO the jury, com
|menting on each instructfon. When
1t came to one instructing the jury
not to be Influenced by the newspaper
reports Of the case, he took occasion
10 roast" In highly caustic manner
both the local daily newspapers.
And, be shouted, 81 newspapers
like the Pacific Commercial Advertiser
and the Hawaii Daily Star-Bulletin
we're published IN England or In any
state In the union. the editors Of those
papers would spend the rest Of their
lives ID JAIL The time has come when
We should have . decent newspaper IN
Hawaii e (
Mr.. Lightfoot dealt scathingiy with
Claudius H. Mcbride. accusing him Of
picking fights only with small men
and with women. Z
Hes brute, he roafed, on one
occasion. and "Did you ever see him
pick on big man like mel"
During the session this morning the
jury was given 8 recess each hour.
AT IL o'clock court adjourned. the
|bailiff escorting the members Of the
Jury to lunch.
The session was resumed at 1850
O'Clock, at which time Attorney j.
Alfred Magoon took the floor to COM
plete the argument for the defense.
The argument viii be closed with an
address to the jury BY City and Coun-
ty Attorney J. w Eathcart.