The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-03-10


degrees venue changed the First Circuit Court Defend
ant Hickey convicted of managhter the second degree
and Chalmers acquitted.
At the July Term of the Fourth Crcnit Court the nrosan
ton moved for change of the August the
FIRST Circuit Court the ground that fair and impartial
trial could not be had before the Fourth Circuit Court which
motion was supported by aidav and granted by the
court.
The affidavit of W. O. Smith, Attorney General substance
sets FORTH that the defendants the Hakaau
Sugar Plantation Hlo Hawaii and the person whose death
Is alleged to have been caused by defendants was Chinese
aboer on the plantation under the immediate control and dec
ton OF defendants and the injuries which alleged his
death are alleged to have been inflicted by the defendants the
sugar cane field where defendant and other fellow aborers
at work under defendants that from the of the and
the circumstances which surround and the excitement which
it has caused and from the fact that should said cause
tined IN said Fourth Circuit the jury would be of necessity
posed largely of either engaged interested in the
management and carrying on OF plantations it believed
that fair and impartial trial cannot be had in said Circuit
application has been made for change of by Mr. Goo
Kim Fu and Mr.. Wong Kwa, Chinese Commercial Agents
the Minister of Foreign Affairs requesting the trial to be had in
Honolulu, for the that the intense feeling
that vicinity will conduce impartial trial in
the Fourth Circuit COPIES of these letters aached
The affidavit of Lor1in Andrews Sheriff of Hawaii sets forth
that trial be had in the Fourth Circuit would be unlikely
IT not impossible that jury be obtained of persons who
not interested planters their employees in the result
OF the said and who have formed expressed opinions
upon the merits dement's of the cause and that full and
partial trial cannot be had there.
In the motion for change of venue verified OATH the
Attorney General States that trial in the First Circuit Court
will way prejudice defendants either that he
the Atorney(Ienera w. o. Smith, has made careful
thorough investigation of the and of evidence the
and has personally visited and examined the place where
said crime alleged have committed otherwise
personally and carefully prepared said for trial behalf
of the government and that such investigation examination and
knowledge of said premises necessary and essential prop
trial of said behalf the public
business renders indispensable for him. said Attorney General
remain in Honolulu during the above named of
The defendant Hickey makes affidavit that he have
fair and impartial trial in the First the Second Circuit
Courts because of the bias and prejudice of the citizens those
he
not intense feeling existing in this matter in the Fourth Crcut
and that fair and impartial trial be had in said Fourth
Circuit but be changed then that should not be
either the First Second Circuits Andrew Chalmers makes
affidavit to the effect.
The court against objection defendants granted the
motion for change venue to August Term the First
Circuit Court be held in Honolulu The stated cit
undoubtedly reasonable that these cases. they should be
tried in the circuits in which they arise but there peculiar
circumstances in the Third and Fourth Circuits of this and
there almost mposbty of getting panel of jurors to
try such this is without (even though unintentonay
the part of the uro there being biased in favor of the
plantation luna against whom the case may be
brought There is present great scarcity of this
Island for such The does feel that equal justice
be melted refuse grant the asked
for
changed accordingly and the trial had Homo
lulu at the August Term of the First Circuit Court
After defendant Hickey moved in arrest OF Judg
the ground that the court had no jurisdiction that the
properly trable in the Fourth Circuit Court and the
changed to the First Circuit Court without suclen
in law gned therefor.
At the trial in the First Circuit Court the defendant made
motion for change of and made claim that court
that fair and impartial trial could not be given him III that
court.
We of opinion that the motion In arrest OF judgment
properly overrued the change of matter in
sound discretion the and there abuse of this
discretion.
In Proc Gou't Mossman, Haw $50, the Court says,
nder the statute the Act of 1876 regulate the Practice
and Procedure criminal cases. Section 49, page 341 Comp
Laws Circuit Courts authorized in their discretion to order
that the place of trial of any criminal pending before the
court be changed other circuit The Judiciary Act
laws of 1892 D. 1885, provides that the discretion may be
erced upon satisfactory proof that fair and impartial trial
cannot be had and after parties shall have
bod onnortunity to be heard. This is a