The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-05-13
HONOKAA MURDER CASE.
On Trial Before the Chief Justice at
the Hilo Term Of Court.

i Foreign Jury Sworn in-Mills, Blabon.
watson and Steele All Plead Not
Guilty-A Change Of Venue
Denied.
Hno, May 6.
(The opening of the case by the Crown
appeared in Mondays issue.)
At / p. M. the Chief Justice gave his
decision on the motion to change the |
venue as follows:
If the only proper place to try capital
offense or crime of great magnitude is
in q community where nobody has heard
q word about it, any offense of any mag
nitude committed in this Kingdom could
not be tried in this Kingdom, and of
course it is absurd to say that this King
dom having an independent Government,
and having exclusive jurisdiction over
offenses within its boruers, could send
case outside of it for trial. I suppose
this case might be tried in Australia in
community that has never heard of it. 4
Of course this is with reference to that
view expressed, that jury must be
composed of people that have never
heard of the case. wish to draw a
great distinction here between the fact
that q homicide has been committed,
and the circumstances which are patent
to every one, and the completely of indi-
viduals, the crime not having been done
as it might be in some cases in q public
way; that's, in the light of day. It was
the completely of individuals with the
offense and have no doubt it seems to
Judge Lyman and myself, that many of
these afidavits have more reference to
the mere fact of the homicide than to
any of the facts that may be known to
the public of the completely of any of
these defendants with the homicide it.
self. If the Court should change the
venue in the case on these affdavits it
would amount to this, that hereafter no
case of any Importance, civil or criminal,
that has been the subject of discussion,
could be tried on this island. Now, the
law divides the Kingdom up into Cir
cults, and the law says section 881 of the
Code, that the Criminal jurisdiction of
Circuit courts is co-extensive with their
circuits. The Supreme Court sitting on
the Island of Oahu, or elsewhere, as the
Court may be moved has only jurisdic-
ton of offenses that arise within that
Circuit. This Court has exclusive juris-
diction of all criminal offenses arising in
this Circuit and it is only by change of
venue for cause that the Supreme Court
has jurisdiction of offenses arising within
this Circuit. It was not so formerly. I
can remember the time when I was q
young practitioner, when the island
communities outside of Honolulu were
so small that the criminal cases were
allowed to be tried in Honolulu, although
arising in other circuits. In 1860 the
law was changed which made the juris-
diction of the Circuit courts exclusive.
There was then division of labor; so
far as the Court is concerned this is q
minor consideration, because Judge OF
the Supreme Court is obliged to attend
| the circuits; but with reference to the
division of labor 80 far as the jury are
concerned, which is consideration that
weighs great deal with this Court, it is
not advisable to burden our larger, but
still limited community in Honolulu,
with cases that do not arise on the island
of Oahu, especially when we consider
that in Honolulu of the foreign popula-
ton all professional men either medical,
educational or of the law, also consular
representatives, all Government EN-.
ployees, schoolmasters, and all connected
with the numerous departments of the
Government are excluded, and the num-
Der of available white men, foreigners, il
not so great but that the bringing to
Oahu of this case, if this motion should
be granted, would entail upon that com.
munity burden which they would cry
out against.
The question Of expense, as has been
said, should not enter largely into this
case, it is, however, small considera.
ton. Further than that the inconveni.
ence to witnesses is something that the
Court cannot disregard. The counsel dc
not perhaps hear the importantly of wit.
nesses or jurors as much az the Court
does, but these are considerations which
| weigh very much with the Court, the in.
convenience of taking large number Of
men away from their business. do moi
refer to the Japanese, but I refer tc
| others. am not sufficiently familiar
with the case to know how much that
class of people may be drawn on.
know the inconvenience of taking wit
nesses away from their occupations to 9
remote island where they have to wait 9
considerable length of time before re-
turning. It is for that reason as well al
for other considerations that the law di
vides the labor between the islands; thai
the islands are in circuits appropriate tc
the labor TO be performed by them. Mr.
Swanzey's affidavit is strong one, and
is the only one that remember nov
which says that he went through the dis
trict of Hilo.
So far as know, and I am somewhat
familiar with this case, having had some
conference with the Government in re-
| CARDS to it, I am unaware that any case
of this magnitude has occurred in these
islands where there has been 80 much
| wisdom and caution used on the part Of
the prosecution to keep the general facts
from the public ear, and if it had no,
| been for this 81. A. M who is an
of6cious scribbler Il hope the person who
wrote the article, if present, will pardon
| the epithet) there are but few facts
which would have been ELECTED with re.
gard to this case. I regretted it very
much when I. saw it. In connection
with Mr.. Swanzy's affidavit, this paper
appeared on the 10th of January. Mr.,
Swanzy says that he went through the
| district In January.
Mr. Davidson-March your honor.
His Honor-n he made the visit after
the production of this paper then my re.
marks would not apply. / am informed
by Judge Lyman, though he does not
make affidavit to that effect, that he was
the committing magistrate. and that the
examination was had in Hilo, but not all
-. An~v that thA =