The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-10-29
SUPREME COURT.
OCTOBER TERM.

Ming VS. H. w. WILCOX. Depuly AT
torney-General Peterson read the indict
ment which, contrary to expectation
charged the prisoner with the crime o
conspiracy. Mr.. Wilcox pleaded no
guilty, after which he seated himsel
near his counsel, J. w. Kalua anC
Antoine Rosa. The Government was
represented by the Attorney-General
Deputy-Attorney General and F. NJ
Hatch.
The jurors were called by the clerk anG
sworn in by the interpreter, after which
Mr.. Hatch, for the prosecution, stated
that the charge made to-day against
Wilcox was conspiracy. He then com.
menced to question the jurors separately
Male was the first juror questioned
and Mr.. Hatch soon objected to him on
the ground Of the juror having relations
who had been indicted in connection
with the affair, and also on account OF
appearing as bondsman for others.
Mr.. Rosa considered that the degree
OF relationship should be established.
The Court stated to Mr.. Hatch that it
hesitated to accept the objection on the
simple claim OF relationship. Finally
other objections being offered the Juror
was excused for cause.
Mr.. Ena (by Mr.. Hatch)-Had ex-
pressed opinion very freely in regard to
these cases; did not consider himself
FIT juror to sit in this case; the evidence
would not change his mind. He was
excused.
Mr.. Bipikane-Had not formed opin-
ion; could try this case fairly; had not
discussed the case with any of the
accused affair has been town talk and
had discussed it with others.
Mr.. Kamuku-Had talked about this
matter; am not relative of Mr.. Will
COX; had a relative charged with con-
spiracy; could try this case fairly.
Mr.. Gilliland-Had formed opinion
relative to guilt of accused; nothing
could remove it; could not try case
fairly. Excused for cause.
i. Harbottle-Had formed no opin-
ion; had talked about the case; Robert
Boyd and Markham both in the affair
and both are related to me could render
an honest verdict; knew no reason WHY
he should not sit
w. Il. Holt-Had not formed opinion;
had no relatives charged in connection
with the affair; could give verdict in
accord with the law and evidence.
Ainoa-Had read newspaper accounts;
had not formed any opinion; had not
heard that Wilcox acted on behalf of the
King; read it in newspaper; did not
know OF any reason why he should not
sit.
ID. Kahananui-Have formed opinion;
could be changed by evidence; am re-
lated to James Kauhane who is charged
with conspiracy; not related only surety
on his bond; if Wilcox proved that it
was done under consent and knowledge
OF high authority 1t would lead my opin-
ion. Juror excused for cause.
J. Nj. Bright-Not related to defen-
dant; have a relative charged with con-
spiracy, he is husband of my aunt; have
no formed opinion; could try case on its
merits
Nj. z. Robinson-Am not a relative of
defendant, have formed opinion and am
not competent to sit On this jury; do not
think it would be fair to prisoner. Elk
cused for cause.
Lohelani-Had read newspaper &C
counts; could be guided by evidence and
instructions of court.
;. &. Dwight-Not a relative of any
charged; could give an honest and fair
verdict.
J. Mii-Have relatives charged; Ka-
umoo and Mahulu are relatives Mahulu's
wife is my brother-in-law's daughter;
(laughter). Have not formed an opin-
ion.
n E,,-,;,boo A., ralo+oJ 70 Kon
moo, who is one charged and am his l
bondsman; believe what has been said |
outside is all wind; could give verdict |
according to the law and the evidence.
p. ID. Kellett-Have formed opinion |
and did not consider it right for him to
sit; had fixed opinion, evidence could |
not change. Excused.
A \. Gilman-Have formed no opin- |
ion; could give verdict according to evil
dence.
Mi 10y Mr. salad talked with
people; did ask the clerk if it
was possible to place his name on jury
list; asked a number of people if they
would not like TO be on the list; do not
think that he said that he had authority
to put them on; gave the name of one
now on the jury TO the clerk, Bipikane:
Did not have any conversation relative
10 guilt or innocence of prisoner; do not
know person mentioned, produce him
and then / can tell" ffI
Mr.. Rosa now brought forward Joe
proprietor of the Waikiki milk
shake. Juror at first denied knowing
him, and did not remember having any
finally remembered both.
Another person is now produced and
Juror admits having conversations but
denies having expressed opinion that
defendant was guilty.
The Court said that the want of genu-
neness shown by the juror, and lack of
.andor in that he does not tell the whole
ruth right out induces the Court to re-
-ard him disqualified.
S.W. Kaikuahine-Was objected to by
'Ir. Rosa on the ground that he was a
government school master.
His Honor said the policy OF the Court
vas not to allow Government employees
o sit on the jury, so the iuror-was ex-
used. :
c. K. Kapaialii-Being questioned by !.
Ir. Hatch, stated he had made up his
mind that defendant was not guilty. /!
Juror Immediately excused. TF
O. Napahuelua-Had not made up his
hind; could give verdict according to
he law and evidence. :
Mr.. Rosa now addressed the Court and 7
aid that there was another indictment I
angling over his clients head and he, as I
Is attorney. would like to know the !
oinion of the Court relative thereto. Il