The Maui news. [volume] (Wailuku, Maui, H.I.) 1900-current, 1921-01-21
Ned Nicholas Is
Found Not Guilty
Case Against For Rent Driver
Fails; Line of Decisions Pre-
vents Introduction of Much
Evidence.

Ned Nicholas was found not guilty
OF a charge of manslaughter by the
verdict of the jury rendered about 4 80
yesterday afternoon. The case against
him charging reckless and needless
driving has been set for January 81.
Trial of the Nicholas case began on
Tuesday morning when, contrary to
expectations jury was obtained and
sworn in within three quarters of an
hour. Then County Attorney Bevins
made the presentation of his case and
the trial was on.
First witness to be called was
George I. Armitage, secretary of the
Tourist Bureau who had engaged
Nicholas to drive himself and his wife
to Olinda. After few questions had
been propounded to Armitage, prelim-
mary to expected important testimony,
Attorney Lorrin Andrews of the de-
fenae objected TO the presentation of
any evidence not directly connected
with the accident at the corner of
Main and Market streets, Wailuku, as
not proper res gestae. The jury was
excluded and arguments presented, the
defense Offering line of cases in
support of its objection. Andrews
claimed that if the car was stopped,
or was under control, at any time or
times before the accident, then the
evidence of previous management of
the car was inadmissable. Under such
line of precedents the court ruled
for the exclusion of such testimony
Armitage was withdrawn as a witness
Star Witnesses Fails
II. l.. Penn was expected to be the
"star witness" At the corners in
quest he had, testified Nicholas was
driving at 50 to 95. miles an hour at
the corner of Main and Market streets.
On the trial he said he saw the Porto
Rican when the car was opposited
Royal Hawaiian garage and Nicholas
was then sounding his horn. Penn
said his attention was then distracted
by something at the garage and he
did not look forward again until he
noted sudden slackening of the car
when he turned to see the cause and
was struck in the face by flying eggs. |
He said he did not know at what speed |
the car was progressing and had for
gotten his testimony at the inquest. |
Penn was not permitted, under the |
ruling above referred to, to testify to |
anything occurring on the ride previ- |
Gus to the events in Wailuku. This |
knocked the props from |
under the case of the prosecution.
The one damaging witness against |
Nicholas was Deputy Sheriff George |
Cummings who testified that about 20 |
minutes after the accident, at Mich |
olas' garage, the latter appeared un- |
der the influence of liquor. Prosecu-
ton was unable to recall Penn to |
bring out Nicholas condition at the |
time of the accident and immediate |
ly proceeding it.
Says Unavoidable
Strong evidence for Nicholas was
given by ltamura, who saw the acci- |
dent. He said it was, in his opinion, |
for Nicholas to have avoid |
ed striking the Porto Rican and told |
Of his evident efforts to do so.
Other witnesses failed to testify |
that Nicholas was travelling at high |
or dangerous rate rate OF speed when |
he struck the man, some saying his |
speed was about Is miles an hour and |
one witness telling of the Porto Rican
turning back in front of the car
Attorneys Murphy and Andrews |
offered no evidence for the defense
and testimony closed yesterday morn
ing. Arguments were heard in the af
-ernoon, the case went to the jury
before $3.50 and within an hour the
verdict of not guilty was announced.