The Hawaiian gazette., 1915-06-18

ON THIRD TRIAL
HFfDERAL COURT.
Head Of Notorious Badger Gang
Finally c6Hsl6isulOt Opium
Smuggling
bury OUT Ssx&luES
JURY our SiS AoURs SHoc1
IN REACHING VERDICT
IL0aymtad Aap-4e-Sc SclbvaGeo
CuRyictsdMan FonBt(Sehtenccd
BY Judge Clemens On Sat-
urday Morning
scully is guilty.

Such was the verdict Of the jury
brought in at ten o clock last night in
the federal court, on the third trial Of
John T. scully, charged with opium
smuggling. The jury retired at four;
clock yesterday afternoon to consider.
its verdict. With the exception of an
hour taken for dinner, the jury wrestled
for six hours with the question Of.
-Scully g guilt or innocence. The form,
sr won out and a verdict was returned
accordingly.r,,...a.~ , u.uv3
Soully will he 3" sentenced at ton
10 clock on Saturday morning by Juage
Clemons, before whom Scully was thrice
tried ON the same charge, two mistriais
being recorded. On Saturday Scully
also will be called up for arraignmcn.
on the two new opium charges found
against him by the federal grand jury
last. week. In view of his conviction,
what may be done with the new
charges is not known.
Jury at McGrath's House
The prosecution closed its case yes
terday morning, Judge Clemens con
senting that the court aud jury VISIT
the MeGrath residence in Kalihi, the
scene of the much reported holdup OF
number of Chinese by Scully, Ne
Grath and Others. The defense closed
after putting Soy Kau Lau, ). l.. Hor
ner and O. p. Soares on the stand. The
United States district attorney imme
diately began arguing the case to the
jury for the government. He was fol
lowed by the attorney for the defense
The district attorney closed the argu
ment. Instructions to the jury being
given by the court, the judges of Soul
ly's guilt or innocence retired.
An amusing incident occurred whil'
Attorney Mcbride was addressing thu
\ Jury. He Remarked that there wa
l.D,uch conflicting testimony on the par
of the, prosecution in regard to the doc
through which some of the "gang
had entered, He said that what tn
prosecution claimed had been a revol
4 yer barrel one of the Cinnamon looket
: down into might have been 'anothc
open door,
Mcbride Looked Into Gun Barrel
! ~ know what it is to look dow
into a revolver barrel; I've had eNperl
e0ee, us tHB mp
very well vouch for" sail McBrldC
The reference was too obvious an
smoker was audible in the courtroom
Judge Clemens cautioned MrIridc
leave this lime of Argument out.
THAT 3 all ri hit, your honor, r.
turned Mcbride, 81 quite agree wit
. the court The mere mention of Gu
es me nervous. Every time hra
Egun mentioned get nervous.
The CONVICTION of Scully in the fee
eral court has cost the government
large sum Of money and the diStrl'
alto ney a lot of warm Oratory III
- Limited States district attorney on
Q book up the case against Scully aft
y the latter had beon found guilty in Il
!, circuit court on a charge OF second 1t
, gree robbery in ease identical to tn
finished yesterday.
J. Member Of Notorious Gang
~ SrulIy was a member of the Enl
that took in a number of Chinam
> early on the Morning of February
u the house of MoGrath. While arran
y ing an opium deal with the Chiname
" the gang robbed them of 5000 and bin
Z posing as federal officers ran their v
| LliilS suO"H W WV
10 they left them, 'mped and robbed.
P. H. BOggs, H. B. Lewis and BE
Bower are now doing time in the ter
torial poniten tiaryt fur their ParticiI
ton in the "badgeri'. game pulled
.by the gang. MeGEath, awaiting ter
torial sentence and under federal
4 dictment with Scully slipped out of
| city jail, where he was held in eustot
/ and is still at large, ruInQrs having h
1oafng around the San, Francisco wat
front and in Mexico. No apparent
fort has been made either by the ter
er torial or federal authorities to capt'
a. MrGrath and bring him to book a
nd justice.
& The jury that found Scully gui
m was as follows C. M. Hicks, c.
10 White, ID. L. Oleson, j.. j. MeGarVey,
81, NJ Levy, CASTOR lean .Boisse, T. J. {
Ir- ter, Ferdinand II. Hons, Charles B. v
It's son, A. V. Gear, Harlan T. Waity O
de Charles T. Littlejohn, Jr.
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