The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-11-16
WAIMEA TERM.
Nine Jurors Receive Rebuke
for Disreeardine Evidence
Hons. {. W. Ashford and Antoine Rosa
Have Trip ia a Mys-
terious Sloop.

The W. G. Hall brings news
from the Waimea term of the Cir
cult Court. The term closed on
Wednesday of last week, only four
jury cases having been tried ; of
those, three were Hawaiian jury
cases, and one was foreign jury
Chinese liquor-distilling ease from
Kohala. All four resulted in ac-
quittals, so the Crown was defeated
all along the line.
In one of the Hawaiian jury
cases, the defendants were ex-
policemen from the Hilo district,
charged with conspiracy in having
set up job" on some Chinese,
10 fasten a charge of the possession
of opium on the Celestials. The
proof of guilt on the part of the
defendants was clear, and no de.
Tense was offered-not even an ar
gument upon the facts by the
counsel, Mr.. Kane; and though
two of the men had pleaded guilty
to the charge in the lower Court,
yet the jury (three jurors dissent
ing) found them not guilty. The
verdict astounded the Court, Off
GERS and spectators, and the jury
was ordered "polled" by the
Court.
When the nine alleged goats had
been thus separated from the three
supposed sheep, the Court sharply
rebuked the former for their disre-
gard of the evidence as displayed
in their verdict and dismissed them
from the jury panel as being in
competent to sit in the trial of
causes. 1t was generally under
stood in Waimea that someone had
been practicing "embracery" upon
the jury in behalf of the parties ac-
cused, but no direct evidence
thereof has come to light.
From among the five liquor sell
ing and distilling cases on appeal
from the North Kohala Police
Court, the prosecution selected
what was deemed the strongest
one to be first presented. After a
days trial unanimous verdict of
not guilty was rendered, and the
balance of the calendar depending
upon the evidence of the same
witnesses as the foreign case (three
'tough" Chinese informers), was
disposed of by the entry of a nolle
prosequi in each case.
Some other cases were continued
for the term still others abandoned,
and some defendants were released
on habeas corpus proceedings owing
to defects in the proceedings of the
lower courts. The weather was
delightful throughout - dry and
bracing, and a pleasant time was
had. The jurors acquitted them
selves and the defendants with en-
ergY, promptness and despatch.
Mr.. Justice Dole (who held the
Term), together with Mrs. Dole,
sojourned at Mana until Friday
last, when they left for Kohala
and will return per Kinau on Sat
urdav next. Mr.. w. A. Whiting
who represented the Crown, took
the kinau for Hilo on her present
trip, and viii return on Saturday
Messrs. Rosa and Ashford, after a
vain effort to secure passage from
Kawaihae, per the W. G. Hall, took
passage from the port named tC
Kailua on sloop to meet that
vessel, and returned to town yes,
terday. There is a whisper among
the crew of the Hall concerning q
more or less startling incident Of
that sloop voyage, embracing the
features of a sea bath, a shark, 6
rescue and a scalp severely cut by
the fins Of a flying fish, but the
gentlemen named are reticen+
about the matter, and no particu
lars have yet reached this city.