The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-01-06
SUPREME COURT.
Opening or the january Trrm-.-
Large Attendance OF the Bar---
Decision Ia the Case OF i.UOnien..

sAEthUunct bat---
Decision Ia the Cnse OF R.UOnien-.
The Supreme Court opened in
January term at 10 O'Clock this
morning. Mr.. Justice Preston pre-
sides, and at the opening the follow
ing members of the bar were pre-
sent: Messrs. A. :. Ilrrtwell, a. Il.
Peterson deputy Attorncv-Gen-
eraD, w. Il. Castle, William Foster,
Cecil Brown, W. o. Smith, Y. V.
Ashford, A. Rosa, J. l.. kaulukou.
+. NJ. Hatch, Chas. Creighton, }. a.
Magoon, Gardner X. Wilder, W. c.
Achi, j. III. Barenaba, j. M. Mon
sarrat, 5. X. Kane, G.. l.. Carter,
Jas. X. Kaulia, w. l.. IIolokahiki,
and j. Nj. Kaneal>ua. Mr.. Casson,
u member of the New York bar, at
tended the opening in company with
Mr.. Hartwell. Marshal Soper Off
ciated as Officer Of the Court, and
Mr.. Henry Smith, Clerk, and
Messrs. w. l.. Wilcox, j. NJ. Vivas,
and Iii Cheung, respectively lls-
waiian, Portuguese, and Chinese in
terpreters, were in attendance. Pro-
badly owing to repairs going on in
the building, there was scarcity
of both tables and chairs. Many
of the lawyers had to find seats in
the jury box, while men. bers OF the
press had no accommodation what
ever.
Immediately on the Court beng
proclaimed open, Judge Preston rem
dcred the opinion of the full Court
on the exceptions to order of Chief
Justice Judd, overriding motion for
new trial in the case of Albert Loo
mems, convicted of treason at the
October term. The ground Of the
motion mainly in question was that
two of the jurymcn, Nj. n. Sanders
and Il. M. Starkey, held commits.
sons as policemen OF the police
force of the Hawaiian Government.
In the argument on the bill of eX-
ceptions, it was conceded that Star
key did not hold q commission, and
the argument was confined to the
point only with respect to Sanders.
Previous to Sanders being sworn
on the panel, he was examined on
the Coir dire as to his indifference
and was accepted by the defendant,
but it was alleged on argument that
his holding of a commission as con-
stable was not then known to the
defendant. 1t appeared by the alli,
davit of the Marshal that Sanders
held a commission as q special con-
stable without pay and conditioned
that he should not be called upon tc
render any service except in ease OF
an uprising or instruction or Other
grave emergency.
The full Court, BY Judge Preston,
decide AS follows: The only quail
lcation of jurors by law is that The,
shall in the opinion of the Chic
Clerk of the Supreme Court or thu
clerks Of the Circuit Courts rcspec
lively, or of some Judge of sucl
Courts, be fit to serve as jurors
The only persons exempted by stat
ute are postmasters and their clerks
1t has been the practice for TIT
Courts, in their discretion, to cX
cuSe officers of the Government an'
regular paid cOnstahles from service
on jures, especially in crimina
cases, but this discretion has heel
exercised also in excusing person
whom the Court on examination
thought might be biased.
at may be that some Judge
would in their discretion excuse ;
juryman in the position Of the on
in question, but it could not be OF
the ground that he was disqualified
by law. In fact, this juryman wa
not bound by virtue of his commits
sion to do any more than any o,he
citizen might he called upon to d.
in case OF emergency.