The Hawaiian gazette., 1915-06-04
DISAGREEMENT
AGA|NIN ScULLY
SMUGCL|NGcASE
Jury stood Fifty. Fifty Annoupc.
ed Foreman Mclnerny
When Asked BY Court
THIRD Trial WILL f.. u. o.. ...
BEGIN THIS MORNING
District Attorney win NOT Go
Home, He Says, Until
He Finishes

OF the Court please, the jury
stands fifty .Rfty,n Ia, -.
This announcement was made to
Judge Clemmons in the federal court
at twenty minutes, to four O'Clock yes:
terday afternoon, when the federal
jury in the second trial Of, the opium.
smuggling ease against John r. Scully
returned to court, after almost Ave
hours given to a, consideration Of the
testimony in. tn case, and, reported
another disagreement, the second, OF
this nature. since the charges against
scully have been pressed in the federal
court, 4 3 j. 'EsIfS:E .@"E. ~. --.a
without saying which way the Jury
leans, how does the jury standsf" asked
Judge Clemens. ~ -,. n
tIf the Court please, the Jury stands
ffty-6fty,H announced w. ii. McIuer.
ny, acting as foreman of the body.
In other words, you mean to say
that the jury stand six for conviction
and six for aequittal," pressed the
jurist, al b.. |..v z
Eyes, your Honor, six. of, one kind,
and half a dozen of the other, replied
Mr.. McInerny, soto voce.
and the jury was discharged.
Third Trial Begins. To-Day
The district attorney asked that the
third trial of the case might 90 over
until his return from the mainland. HaT.
ley. Mcbride objected. His client was
entitledl to. an immediate trial, if the
prosecution elected to keep the show
up, he said. The district attorney then
announced that he would stay by his
guns and see the end of the trouble
some affair. The court ordered the
third trial TO begin at half-past eight
o'clock this morning, when the selec.
ton Of jury will, begin.
The only veniremen now eligible are
Charles T. Littlejohn9 Jr., James Guild
and r. J. Lindermann. OF the near
one hundred jurors who have had their
names inscribed on the payroll, of, the
marshalis office, these three alone have
not been called into the, box while the
selection of the iujries in the two trials
both of which. have. resulted in disa-
greements, was on. In the first disa
greement, the jury stood seven for con
vietion and ave for acquittal. The
ratio of progression is, evidently, work.
ing in Seully's, favor. Judge Gemons
will instruct the marshal 5 Office today
to roam over the highways and byways
of the city, in search. of at least TWEEN
ty-fye special veniremen, if the case
is, to 90 on, as announced yesterday.
Jury In Second Deadlock
The trial of the, Seully case was re-
sumed at half.past eight o'clock yes,
terday morning, The prosecution haG
closed, its side of the story, in the line
of testimony, the day before. The
trial opened yesterday FOR the defense
with Oliver Pedro Spares, official steno-
graphic reporter of the federal court, in
the stand. He read from his short
hand notes some of the testimony given
IN the case by A. NJ. Brown, deputy
city attorney. The defense then an
nOuncel its case was closed.
Fervent, aud eloquent addresses were
made to the jury by both the district
attorney, who opened and closed, ann
G. II. Mcbride, sapdwiehed in between
for the defense. Scully and his wife
shed tears, while their little chiln
looked on in wonderment. Instructions
to the jury were given, and the panel
retired ut eleven o clock to consider
its verdict. Several ballots were taker
and, then the jurors. and their balifr.
went to lunch, At tWo-twenty in the
afternoon the jurors fled into court
and asked that certain testimony be
read ~ them. It was. Then, until
thTee-forty, the jury continued in a
deadlock, at which time the disagree,
ment was reported and the jury dis
thargeh. H.. tgaI' ..
Tha Twelve Men
The selection Of the jury for the
recond trial hegan, on Monday Of, last
week. The, jury was, finally selected
on the succeeding Friday, the taking
Of. testimony requiring all the time
ftpee, until yesterday. The jury, was
laade. up rs follows, "
William II. MGInerny (fOreman), Con
rad Bollrlan, NJ. VAIN, Arthur =. Lis
tor, a. w. Farr, John II. Drew, Charles
n. Hall, Ralph P. Faithful, James W
Pictard, Robert Hair, E. c. Wilder ann
A, B. Clark.
e.. ~ III. ---SA