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Story January 7, 1902

The Hawaiian Gazette

Honolulu, Honolulu County, Hawaii

What is this article about?

Judge Humphreys denies motion for new trial in Territory vs. Schnack, Juen, and Savidge case, ruling that the verdict aligns with law and evidence, and dismissing claims of juror Nick Peterson's misconduct as unsubstantiated.

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NEW TRIAL REFUSED.

Judge Humphreys filed a written decision yesterday denying the motion for a new trial in the case of the Territory vs. Schnack, Juen and Savidge.

The court holds that the contention that the verdict is contrary to law and evidence, was not pressed and is not sustained.

Referring to the misconduct of a juror, Nick Peterson, in discussing the case with one Mike Lyons, the court says:

"Peterson, upon being examined on his voir dire under oath, stated that his only knowledge of the facts in the case came from reading an article in the Advertiser; that he had formed an opinion as to the guilt or innocence of the defendants, and that the article he had read left no impression upon his mind which it would take evidence to remove, and that he could and would render a true and impartial verdict according to the law and the evidence."

The court refers to the affidavit filed by Peterson in which he denies having talked with Mike Lyons, and that the record does not show that Lyons had been summoned as a witness in the case, nor did he testify in this case.

The court holds that the positive denial of Peterson is sufficient and refuses to grant the motion for a new trial.

What sub-type of article is it?

Crime Story

What themes does it cover?

Justice Crime Punishment

What keywords are associated?

New Trial Denied Juror Misconduct Court Decision Voir Dire Affidavit

What entities or persons were involved?

Judge Humphreys Schnack Juen Savidge Nick Peterson Mike Lyons

Story Details

Key Persons

Judge Humphreys Schnack Juen Savidge Nick Peterson Mike Lyons

Event Date

Yesterday

Story Details

Judge Humphreys denies new trial motion in Territory vs. Schnack, Juen, and Savidge, holding verdict not contrary to law or evidence, and juror Peterson's alleged discussion with Lyons unsubstantiated by Peterson's denial.

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