The Hawaiian gazette., 1888-05-01
TIE EAGFkRLANB TRIAL
szpreas cszrs April Term. 1855
THURSpAY April esth-

-Il. .l- -NELEi1.i7lLla E11LCU anu
-sl. fr- lfeuiaut.
Attorney General presented s
lc- l1- cCutinuance. Tor the follow
-e1--S
4 TIE IUp0s>ibility NJ obtaining S
qualified 10 r-y Jhe ease, frsm the
-~.-- fl- Li>t
I- order ra facilitate the trial Of
-H- ID eruuGuy and Jointly with
re trial ~ F. II. HaySeldsn, with
r-lrl l-t9llanr = Jointly charged
herein -l- said EsySeldeu being now
bon ~ u auVel- for exam nation
aur- such charge on the 18th day Of
1lLv- r-lz-
ITS aE-li the unnecessary trouble
ana EZ-e-~- u- separate trials OF the
~- le-5lu- and said Hayselden
ll-er
The a1<znls from Honolulu and
l-r ~ q material witness for
- -rVE -VIr-- IL A. ThursICn.
LEa probability that, were the
@ Erel- begun, ir could not be
e----ut az aCi during the present
Term 81 t1U---
This motion 4 essed upon the affi-
r -- C ISL. Ashford. Lhersto an
EzZ=-- E-rL Tie Jury list for the pre-
@ Term SCI Courts the recO- Is and
- Rex - r. H Haysel- en-. on
.5-- r- conspiracy sud the records
s herein
Tbs motion wa, argued IT Ie- 9Th BY
counsel and vES avgrTuled ~ the
E-u-
Al-l- request 81 the Attorney Gen
a-- --= Court then, AZ 1850 a. m.
Rock -ilL I O'Clock %. NJ.
The ---- -E-IS>em Uled at one o'clock
- ---. l-- proceeded 10 empanel 81 jury
names % twelve men were called.
nom -le jury Ii--. by the clerk
LLa Attorney General moved that
a.- iu-l-> called who had sat on the
-.--= --ll- Yesterday, be excused. owing
- similarity lt the two cases.
Tbs motion was objected "a by Mr..
Hatch ut counsel for the defence.
The presiding judge remarked that
s u-s . very me point, the distinction
between bias and absence Of bias. II
doubtful il q man could know
5-- himself whether he was biased or
u-- HIS honor did not think IT would
a l5r @ ask the gentlemen VINO had
served E- the Luce trial 70 sit On this
case -la TWO indictments being almost
IDENTICAL The Jurors referred 10 were
excused. Uu1l which eight gentlemen
-=---a. from the box
TIE Marshal was directed TO proceed /
and secure ra-ssueu from whom 3 Jury
-r rs chosen.
Lr. +. C.. Jones asked 70 be excused I
.- personal grounds. He said he had
ral- the evidence and proceedings in
tile Llle trial and he had made up his |
mind very clucluSIveIy on il. II the /
llet> L1 This case are Identical be did I
not So how he could reach q different /
conclusion. Il did not think he would |
make fair 40 IN the case, but he
did not shrink from his duty a a juror.
Re cared Eoc what people would say
about his N19ni0n- but he would feel
better Il he EaS relieved on this occa-
sion
@. By the C0urt-Any impression on !
your mind resarsiing the guilt or limo /
eeu1e % this efeudant-wOuld it re-
Tuire evidence 10 remove it,
Al think IL would
Mr.. Jones was excused.
The following named talesmen were /
z- selualrlv announced By the crier I
~ tie C1urI Hamilton Johnson, ".
W. Wright. James A Kennedy, J. [. /
BldueIL. AZ Perrie. A. !. Parmelee, ". l
y. Sanders. A. Norof, ". c. King,
IL LacliutaSh, a. Young, jr., I. /
uruElass. ". C.. Wilder. E @. Schu- /
mann The gentlemen named were /
Questioned separately, and in some /
l->-1uca- volunteered reasons and OBJ /
i6cr51us % serving on the jury.
The following jury was finally en- /
laueIIeI IN Hatch % counsel for 4
defense l1riHE general exceptions TO 4
.ls Jury - Irregularly empanelled /
A. n Trlru, VIM. Roland r. Turrill 4
~ ~. Wright James a. Kennedy, /
i E Bidwell. a. PeCrie. H Aiackin-
ssh. a. NC-0ff. II. y. Sanders, ". c.
King, e g. Schuuanu-
The At-ouey-5eueral presented the
case ef the Crown 70 the jury.
TEE INDICTMENT.
The Indictment # the defendant i
-er forth iii three counts;
+ Inst lie did On the 2qth Aug,
So fruiuieuulv and fei0uiOuSly con-
-rIre. combine. confederate. conc eTt
md agree together with one F. H.
dlT=elieu by false preteHses and
With intent ta defuud, % cheat, debar,
iaurire and defraud the Hawaiian
government VI certain Of the legal
-ereuue- ~ said Government, Of the
-alue q >474a > and % commit the
,-fau-e u gross cheat that the said
defendant IN the manner Aforesaid,
nj commit and l. guilty Of the crime
Z couSu5raev in the first degree.
That be- did. on the 18th Aug,
50. frarfuisntIr and fel0ni0usly con
nira. combine confederate, concert 1
nd agree together with one +. II.
Iay-eLisu, so deprive and deJaT the
Izvaiian Government Of S4,7t9 3 Of
Is LEGAL revenues, the duties on GER
ain imported and duuable goCis, and
a 0t-trucf AMI prevent the co lection /
Z IT. legal revenues 10 the amount Of
.-.-4a s. upon certain imported and
.utia8le goods, that, AZ the tine afore-
aid. he did commit the crime 0f con-
piracy il the first degree.
q. That le did, on the said 18th
AuE~ Is56 fraudulently and feloui-
usLr c8usrire. combine. confederate, /
onceu and agree together with o ne
2 h Eayselden, u the end that he
defendant should be knowingly con-
zrned III carrying, removing, deposit
81 and dealing in certain imported Z
rticles. u sit. dutiable goods, to wit, {
ertaiu spiutu0us liquors, the legal !
urfes upon which would and did q
mount d the sum of S4,T49 s., and {
non which no duties should have, at