The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-08-21
GRAND JURY 7
FOR KINNEY
Wilcox Won't Try Gill
Libel. no
He THROWS OUT THE SUIT
The Editor Of the Republican Dis
charged in District Court
Yesterday.

49, $50 ~ W
n. kinney against II. S. GIL, editor of the
IRenuhIicnp accounted tho preater nart of
!. 80
WV '''e''o" w '""se ""'VN O"ur' yes
tcidHy, Defendant was represented by
lFredorlck w uunkcy and 1 A. AIagoon
In, =, ,,c,n. 800, nt,
""e 80 - ~
p'hrlhg IN pehalt OF the complainant.
| The case drew the attention OF a large
crowd a, sn,ctoto,s ircl,air. N ,uuhsv
|
VI p'oh'''e"' ne'"oc's VI '"e o"' "nS
were summoned to appear as witnesses.
unset for the defense opened the case
bv , ,leo for aiacharye on t,s GROUND OF
n,..., 49,, -.
lho"-'usu'e'o" % ''o ''S''N' SoN VS.
the ruling recently made by Judge Hum
'phieys, wherein "a large number OF cases
l,kewis. brought before tho lower court
,,,.,,,., 49,. -. ...,,, -
""'o '''" '''"s"' ~ o"No :"
Jury trial instead or the District Judge
committing them for trial before the Cir.
loui, r,ourt Inoamuch N. m. Grand Jurv
-, - -,
sSS e.,', ''uu oee. eN,enueu 70 liuwa'', MT.
ilahhey coh'ehueu INA. 'hht uouy WAS inc
o.'o Wnien shou'u near tne complaint as
"n o'is"'ai jury uhu ueciare wne'he, VI
nv 'ne CRIME WIN winch 'ho ueiehuan'
WIS charged was ,nuio'apie OF NOT.
tne iegnh'y OF Tue case pe'hs Drought iti
the Poiico Court ana cited authorizes ana
tne CONSTITUTION OF the uhl'eu suites eo
snow that an INFAMOUS CRIME as hoeI
mas peeh charae,crl"cu, was case ior
tne Jurisdiction OF the Srahd Jury OF INC
hlsher courts.
beiehuhhts counsel entered an opJec-
tion against thc complaint pe'hs aumitteu
beiore the Court on tnc ground thht u
was an amended complaint ana mad not
been duly sworn to, Judge Wilcox inter
rupted MT hankey ny stauhs that tnS
charge would nave 10 DC spread on inc
record DOOR, Mr. Hahkey again opJecteu
TO such proceeding. ana asked tue dis
missai OF the case on the GROUND that 'ho
complaint shouiu DC sworn 10 as requ'rcu
by law as laid down by certain emlnehL
authorities which ne hnined. MT McCiah''
ahan Informed Mr. llankey they We're pro-
cceuing uhuer the iochl law. MT! ihhkey
reiterated that the defendant WIS not In
inc jurisdiction OF the Court
Defendants answer to the charge or IT.
bel against him was embodied In the ar
gtment made FOR his discharge. II READ
In part; NOW comes the Defendant ana
protests that he IL not guilty OF tho Of
Tense charged IN the complaint 1t APP
pears upon the race OF this complaint
that this honorable Court Is without jur-
isdiction In such cases for the following
reason ~ me complainant herein
charges the defendant with an infamous
crime. Tor which defendant can be arr
raiBned or tried only upon presehtment OF
an Indictment by the Grand Jury. ~
Tfat the punishment and penalty which
may be visited upon one convicted are In
famous. CD That the oitense IA charged
~ such that the defendant IL entitled to
jury trial ard that this Court s not en-
powered by law TO grant defendant that
risht' Defendant therefore asks that no
be discharged"
Upon the assumption that the penalty
by winch defendant could be sent to tho
prison Tor term would subject him to
various classes of degradation. Mr.. Han
Key went INTO dethlls as 10 me CARP,
rare, lock-step and various other features
which are known to the regulations OF
every prson ana claimed mat by such
reasoning II the defendant could be SUB
lct'ed TO such indlsni les. then the crime
no was charged wlth' was an infamous
one which he commended his client was
MOI sullty or.
ne stated mat the Grand Jury was IN
session ana the complaint should be made
- tnht BODY IL could be done within o.
i'W hours u necessary. In conclusion no
hiked Tor me discharge or MS client from
me Jurlsuicton OF the District Court j.
n Mhgooh folloWcd up MT Hahkey'B ar
~ ment'
| w. A. Kinney spoke In his own behalf.
.ihihihs mat the Dlstrct Court Judge
mao the power ana right under the local
statutes to try ana commit the defendant
10 trial Jury IN the higher court The
htBument closed ny judge wilcox making
w, iolowlnB statement;
sustain .he piea OF counsei Tor tho
So an,h .n,s " case where mo
ucIenuupt Gun De TAKEN ulrectly before the
n,hna Jury; me attorney General mas
a auno' u, snnt pan, nna : therefore uo-
shne 70 uo'',' '"e ueieHoa"'' ana us
o"nIse INN. , .
~, ninnuy stn'cu h,'er fonce .court
,. ''hl ne woulu nave tne Ihutter
Dousn, W we hlehuon OF 'ne hIloIney
,s.,,ea nnu poss'o,e nave sothp,a,ns
~ uiousn n". shuse nir. oh
npieaIanee before tne orano jury. IN
Pa r,n n,s op,non as 10 ine rssu. o, u.e