The Hawaiian gazette., 1915-03-16
AND
LEWIS GUILTY
lSAYSA Jury
Conviction Of Second Degree
Robbery Secured IN First Of
the Opium Holdups Z
trrom sunday Adyertiserl

John 7. scully and Henry B. Lewis
were found guilty Of robbery in the sec
ond degree by jury in Judge Ash.
ford's court yesterday after a trial that
took up all Of last wreck. Judge Ash.
ford win sentence the two men or
Wednesday mosning at hIRe . caye..
The Revised Laws provide tnat 'who.
ever commits ropbery in the second de-
gree, shalihbe punished at hard labor
for not more than twenty years.
The two men were tried on charge
Of robbery in the first degree, il being
alleged that they had, while carrying
on a purported opium transaction, rob-
bed q China man Of the sum Of seven
hundred dollars. In view of the fact
that there was mo testimony adduced
Turing the trial tending to prove that
3cully and Lewis has been armed at
the time Of the robbery, the jury re,
tuined a verdict in the second degree.
First degree robbery is punishable
with Imprisonment at hard labor for
life, or any number Of years in the
discretion Of the court. q
Other Charges Pending , q
a similar charge Is pending against
John T. ScuIly and John McGrath, the
case being set for trial on Monday,
March 22. Scully, Lewis and McGrath
were arrested several weeks ago as the
result Of the expose made In The Ad.
yertiser Of their connection with the
local opium hui The territorial grand
jury indicted SeuIly and Lewis on d
charge Of first degree robbery and lat
Of brought in an Indictment against
Scully and McGrath ON "a SIMILAR
charge. VI. ID.
During the trial this week Lewis at
tempted to prove that his only conneC.
ton with the case that he had been
employed to drive SculIy and others IN
his machine to the rendezvous, not
knowing what their business at the
house Of the Chinaman was. Scully ad
mitted having gone to the Chinaman to
put through an opium deal, but denied,
however, that he had robbed the China
man no e. fHt So H.
Hard Fought Case a.s-.t.@ p
: ffThe ease was strenuously fought
Throughout. Arthur NJ. Brown, deputy
city attorney, conducted the prosecu-
Con, wnile Lorrin Andrews and G. H.
McBfide defended Seully and Lewis.
About twenty witnesses were in the
stand during the trial, which began
Monday and closed yesterday morning.
Nj, Brown opened, the argument to the
juiy yesterday and was reTaidd to- BY
Lorrin Andrews, City Attorney John
~ Catheart closing for the govern
t1ent. ,i, - t'tEr' s. ltsl,f5 IT,. ,e,... {, 4
AZ The Jury was out about six hours
N arriving at its verdict. The first
ballot determined the guilt Of the two,
men, but when II came to. the degree
there was a decided difference of opin.
ION among the jurors, some holding out
fer the: first degree, while other stood
solidly for the second degree, the lat
ter winning out only when the Others
became convinced that there was no
Testimony that Seully and Lewis had
been armed and that, therefore, they
could not find them guilty in the first
degree. tsts5fsE.A3 Gs>.a.t ~.
: The jury which convicted Scully and
Lewis was made up as follows: John
7. Gandall, Heinrich Mp. Rose, Reu.
ben Kinney, John p. Padeken, John
Maiamsu, George X. Dwight, William
y, "Rees, William T. Raposo, f.. Nv,
Wichman, George w. Nawaakoa, Alfred
X. Smythe and Alfredo. Gram.