The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-08-21
GRAND JURY
FOR KINNEY
Wilcox Won't Try. Gill
Libel.
NE THROWS OUT THE SUIT
The Editor Of the Republican Dis
charged in District Court
Yesterday.

A. Kinney against E. S. Gill, editor of the |
the forenoon in Judge Wilcox's Court yes
terday. Defendant was represented by |
Frederick w. Hankey and j. A. Magoon,
E. 3. McClanahan and H. A. Bigelow ap-
pc airing in behalf of the complainant.
The case drew the attention of large
crowd of spectators, including number
of prominent members Of the bar who
were summoned to appear as witnesses.
Counsel for the defense opened the case
by a plea for discharge on the ground of
nom Jurisdiction of the District Court on
the ruling recently made by Judge Hum
phreys, wherein large number of cases
Likewise brought before the lower court
should have been brought at once to a
jury trial instead of the District Judge
committing them for trial before the Cir
cult Court. Inasmuch as the Grand Jury
system had been extended to Hawaii, Mr..
Hankey contended that that body was the
one which should hear the complaint as
an original jury and declare whether
not the crime with which the defendant
was charged was indictable or not.
Mr.. Hankey dwelt upon the question of
the legality of the case being brought In
the Police Court and cited authorities and
the Constitution of the United States to
show that an Infamous crime, as libel
has been characterized, was a case for
the jurisdiction of the Grand Jury or the
higher courts.
Defendants counsel entered an objec-
ton against the complaint being admitted
before the Court on the ground that 1t
was an amended complaint and had not
been duly sworn to. Judge Wilcox inter-
rupted Mr.. Hankey by stating that the
charge would have to be spread the
record book. Mr.. Hankey again objected
| to such a proceeding, and asked the dis
missal of the case on the ground that the
complaint should be sworn to as required
| by law as laid down by certain eminent
authorities which he named. Mr.. McClan-
ahan informed Mr.. Hankey they We're pro-
ceeding under the local law. MIR. Hankey
reiterated that the defendant was not in
the jurisdiction of the Court.
! Defendants answer to the charge of IL
lbel against him was embodied In the ar
gument made for his discharge 1t read
In part: Now comes the defendant and
protests that he is not guilty of the Of
lfense charged in the complaint; 1t APP
pears upon the face of this complaint
that this honorable Court is without jur-
lisdiction in such cases for the following
treason: a. The complainant herein
lcharges the defendant with an Infamous
lcrime. for which defendant can be ar
iraigned or tried only upon presentment of
an indictment by the Grand Jury. CT
That the punishment and penalty which
may be visited upon one convicted are in
famous. CD That the offense as charged
lis such that the defendant is entitled to
a jury trial and that this Court is not en-
powered by law to grant defendant that
right. Defendant therefore asks that he
Ibe discharged"
Upon the assumption that the penalty
by which defendant could be sent to the
lprison for term would subject him to
various classes of degradation, Mr.. Han
lkey went into details as to the garb
fare, lock-step and various other features
which are known to the regulations OF
Ievery prison, and claimed that by such
reasoning If the defendant could be sub.
jected to such indignities, then the crime
he was charged with, was an infamous
one, which he contended his client was
mot guilty of.
He stated that the Grand Jury was In
session and the complaint should be made
to that body. 1t could be done within q
few hours If necessary. In conclusion he
asked for the discharge of his client from
, lthe jurisdiction of the District Court. ]
A Magoon followed up Mr.. Hankey's ar
rment
w. A. Kinney spoke In his own behalf
claiming that the District Court Judge
had the power and right under the loca
statutes to try and commit the defendant
to trial jury in the higher court The
? argument closed by Judge Wilcox making
the following statement:
Il sustain the plea of counsel for thu
defense. / think this Is a case where thu
defendant can be taken directly before tn,
Grand Jury. The Attorney General ha.
advocated that plan, and I therefore de
cline to commit the defendant. and / dis
} charge him."
\ Mr.. Kinney stated after Police Cour
adjourned that he would have the matte
Drought to the attention of the Attorne,
General and If possible have a complain
issued through him ITO cause Mr.. Gill;.
J appearance before the Grand Jury II
stating his opinion as to the result Of tn,
nearing yesterday morning before Judg
, Wilcox, Mr.. Kinney said:
Inc Grand Jury was good enough 70
\ me In the first instance, particularly a,
the article complained of attacked the in
/ tegrity OF body of men both on the benc]
7 and bar. my belief being that the accuse
} ton was so wide that IL called for a gen
J eial investigation, which could only prop
I eriy be made by a body possessing tn
powers Of the Grand Jury. The charge O
Judge Humphreys to the Grand jury
"Eich Followed my open letter, led me t
spend any attempt to enlist the actio
Iof the Grand Jury for the time being. an
led me to press the proceedings in tn
District Court. The defendant in tina
court has now urged that the Grand Jur
mas exclusive jurisdiction over the charg
made against the defendant, and perhap
the defendant is right from a legal stand
point The result Is that shall feel FIRE
now to make direct application to tn
lGrand Jury.
Judge Wilcox declined to commit tn
defendant for trial, on the sole groun
that the Grand Jury was in session an
the matter could be taken direct to tina
body, so that nothing now seems in tn
way of a consideration of the whole mai
/ ter sby the Grand Jury. The defendar
says he wants 1t; have always wante
1T. and the district magistrate saws this
= he declines to consider the matter. lea1
ing it to the consideration of the Gran
Jury. Under these circumstances I hay
no doubt the Grand Jury will take az
ticn."
Always there: Quericus-"I suppos
you had plenty Of fresh things at tn