The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-05-13

Of these allldavits have more refer
encc to the mere fact of the homi-
eide than to any of the facts
that may he known TO the public OF !
the completely of any of these de-
PENDANTS with the homicide itself.
If the Court shoUld change the
vcuue in the ease on these Giildlvits
it would amount TO this, that here.
after no case oi any Importance,
civil or criminal that had been the
subject of discussion could be tried
on this island.
Now the law divides the kingdom
up into Circuits and the law says,
Section SSl Of the Code, that the
criminal jurisdiction of Circuit
Courts is co-eXtcnsiye with their
Circuits. The Supreme Court SIT
ting on the island of Oahu or else
where. rs the Court may he moved
has only jurisdiction OF oiiensCs that
arise within that Circuit. This
Court has exclusive jurisdiction of
all criminal oifcnscs arising in this
Circuit and it is only by change
of venue for cause that the Supreme
Court has jurisdiction of ottenses
arising within this Circuit. 1t was
not so formerly. can remember the
time when | was young practi-
toner when the island communities
outside of Honolulu were 20 small
that the criminal cases were allowed
10 he tried in Honolulu although
arising in other Circuits. In 1860
the law was changed which made
the jurisdiction OF the Circuit
Courts exclusive. There was then
n division of labor; so far rs the
Court is concerned that is n minor
consideration, because Judge OF
the Supreme Court is obliged to at
tend the Circuits; but with refer
cncc TO the division Of labor so far
as the Jury are concerned, which is
q consideration that weighs n great
deal with this Court 1T is not advisable
to burden one larger, but still! limit
cd community in Honolulu with
cases that DO not arise on the Island
of Oahu, especially when we consider
that in Honolulu of the toreignpopu-
lation all professional men, either
medical educational, or of the law,
also all consular representatives, all
Government employees, schoolmas-
tiers and all connected with the num-
crous departments OF the Govern
mcnt are excluded, and the number
of available white men, TO eigners,
is not 50 great but that the bringing
To Oahu of this case, II this motion
should be granted, would entail mp
on that community n burden which
they would cry out against.
The question of expense rs has
been said should not enter largely
into this case. 1t is, however, Il
1 small consideration. Further than
: that, the Inconvenience to witnesses
is something that the Court cannot
disregard.
D The counsel do not perhaps heal
l the opportunities of witnesses o!
Jurors as much rs the Court does,
: but these are considerations which
weigh very much with the Court,
n the inconvenience of taking largo
number Of men away from thciI
e business. | do not refer TO th'
Japanese, but | refer to others.
u am not sufficiently familiar with th'
L case TO know how much that class o
people may be drawn in. know
c the Inconvenience of taking wit
e ncsscs away from their occupation
e TO Il remote island where they have
t to wait n considerable length of tint
g before returning. 1t is for tia
: reason as well rs for other consider
$ ations that the law divides the labo
$ between the islands ;-that the isl
: ands arc in Circuits appropriate Il
$ the labor to be performed by them
n Mr.. Swansey's affidavit is stron!
/. one, is the only one that rcmcmbe
e now which says that he went throug
+, the District of lIilo.
Is So far rs ] know, and am some
is what familiar with this case. havin,
y had some conference with the Gov
10 eminent in regard to ii. am un
al aware that any case of this magni
d tudc has occurred in these island
,r where there has been so much wis
re dom and caution used on the pal
10 of the prosecution to keep the ger
er cral facts from the public ear, an
r. if it had not been for this j. a. NJ
ns who is an otlicious scribblcr-I hop
ID the person who wrote the article
present will pardon the epilhet-
there are but few facts which woul
le have bee elected with regard to TIN
I'd case. regretted it very muc
IN when | saw it. In connection wit
be Mr.. Swanscy's affidavit this paps
appeared on the 10th of January
re Mr.. Swansey says that lie wei
o. through the District in January.
o. Mr.. Davidson - March, Ior
G. Honor.
The Court--ll he made the Wis
a after the production of this pap,
at then my remark would not apply.
re am informed by Judge Lyman
il, though he does not make affidavit
n that effect, that he was the COMM
be ting magistrate, and that tie c,
Sc animation was had in lilo, but n
m all in one day; that the testlmos
4 70.