The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-25
MORE Of
EGOT|SM
Humphreys Tells
of the Methods
Followed.
PLAN He TOOK
] TO BE MINDED
Explanation of His Answer to
] Alleged WarIike Words of
4 Attorney General

Associations charges as they are de-hh
veloped. His course with jurors whoE
appeared to him to be obdurate, his;
treatment of attorneys whose petitions
did not suit him and the habit of mind
of the Bench, are interestingly set forth
in the extract which follows:
JURORS WHO WERE OBDURATE.
"a w T. Schmidt, in fining and pun
ishing said w. T. Schmidt for his vote
as a juror In a cause committed to the
jury of which said w T. Schmidt was a
member
, 90 c. K. Quinn, in filming and pun
ishing said c. K. Quinn for his vote as
a juror in cause committed to the jury
of which said c. K. Quinn was MEM
Der.
: These two persons were members of a
jury in a case of felonious assault pend
ing before me which ended in a mistrial.
Both had endeavored to get excused from
jury duty, but l had refused to discharge
them. Their manner during the trial in
dicated resentment at being required to
serve as jurors and entire Indifference
to the proceedings before them The
jury having been out two days failed to
against the rest. l believed and still be-
lieve that they Intentionally obstructed
the course of justice. 1t became my duty
to enter a mistrial, and in so doing | OBJ
served as the record shows:
Z THE law does not contemplate that
anything should be done to strike down
the free agency of individual jurors. 1t
is the policy of our law to require unani-
nous verdicts in criminal cases, and each
juror as a free agent 1t is the duty of
one man to hold out against eleven if he
believes that the defendant has not been
proven guilty beyond a reasonable doubt
1t is never proper for the Court to use
its high Office in coercng jurors or in
forcing them to arrive at conclusion
which is against their convictions by
oppressive treatment of jurors. There
are, however, cases which are so entire
ly one-sided that when jurors hold out
one or two or more hold out, in the face
of overwhelming testimony such dis
sension can only be attributed to caprice
or to lack of intellectual qualifications of
the juror or to other motives which are
entirely discreditable to jurors
THE testimony in this case against the
defendant was overwhelming. 1t was
clear positive and convincing. His own
testimony was uncertain and was contra
dicted in all essential and material parts.
The prosecuting witness was corroborat-
ed in all material and essential particu-
lars. There would have been absolutely
no justification in this case for any YER
dict other than one of guilty, and there
is absolutely no justification to be found
for the two jurors who have held out.
q THE order of the Court is that the
trial jurors in this case be excused until
Monday morning at ten o'clock and that
Mr. Cahr l,a oIar
: ed from further service during this tern
of Court as jurors and that they forfeit
their per diem during the entire term
4 Thereupon Schmidt and Quinn applied
: to the Supreme Court of the Territory
: for mandamus to cOmpel me to allow
:. them their fees during such portion oil
: the term as they had served. The Su
preme Court denied the application
! Meanwhile l had myself, upon reflection
come to the conclusion that my Cr,iel
8 was not warranted by law, and l SEN
for their attorney and asked him tt
make a motion before me Cor the allow
mediately sustained the motion III,
: opinion accompanying my action will bt
: found al page PA of the exhibits filed by
+. the compliments against me.
= 1t viii be noticed that ] did not flint
these persons for contempt. l aid direc
that their fees for service. which be
lieved they had not conscientiousIy per
formed, should be withheld. Immediate
ly upon becoming convinced of my error
1 promptly repaired, so far as laid in m!
power, the injury arising from my mis-
take of Jaw.
a ATTACK UPON DOLE.
81 Co E. P. Dole, in making q persona
& attack upon said E. P. Dole in opeI
court from the bench.
Is 1 am charged with making a persona
Z attack upon Attorney General Dole il
b open Court from the barnh. The fact
Z are that the Governor the Attorney Gen
Z eral the Treasurer and the Superintend
{ ent of Public Works of the Territory G
Hawaii were each summoned to testif.
before the grand jury IN regard to III
alleged bribery o: certain members q
! the legislature. Each Of these cfIioial
declined to testify, alleging that. as me m
bers of the Executive Department of tn
L Government, they were exempt from 81
{ doing.
n During the course IF his argument tn
EAttorney General deliberately turned hi
back upon the Court and, addressing thu
audience. quoted from that part of TIL
Z organic act of the Territory of Hawai-
s which provides that the Governor ma,
y whenever it becomes necessary call up
on the commanders of the military an
K naval forces of the United States o. sum
mon the posse comitatus, or call out tn
& militia of the Territory 20 prevent o
q suppress lawless violence, invasion in
IS surrection or rebellion, or imminent dan
K ger thereof and may when the publ
E safety requires it suspend the writ o
habeas corpus" His manner and heate
e speech was such as to lead me to believ
{. that he intended to impress the audienc
& with the ability of the Executive to re
E sist the process of the. Court, and there
q by defeat the purpose Of the investiga
Il ton then in hand, and also to browbea
and intimidate me in the discharge of m
q !r6icial duties. NJ. alleged attack i
IS open Court upon the Attorney Genera
4 consists in my having used the following
language:
Much stress has been laid upon tn
4 ability, the power of the Executive o
n this Territory to call to his supuort an