The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-27

judges charge jury within days after the trial and
that for this petitioner entitled to new ta as
of right
This last not included in original assignment of
and be considered view OF the decision on the
motion to file supplemental petition in error
conended for the petitioner that n the beginning
appsed the that the grand jury which found and
presented the alleged Indictment which the petitioner IN
tried convicted and sentenced was summoned Gays
after the opening day the of the court IN which ne was
tried while the Organic Act Sec S3) provides that they may
shaD be drawn provided by the Hawaiian stat
ues for drawing petty Counsel ngects TO point out
what part appraised of the fact of the
when which the grand that returned
the Indictment against the petitioner was drawn We have
searched the record in vain for this information
The general rule that he ormaites for the selection,
organization and dong of the grand things separabe
from the judicial jurisdiction and other like fundamentals;
that defendants irregularities therein and they do
waive any one whereof they knowledge if they fail
object thereto promptly the first the permits
sible' Bishop New c. P Vol J. Sec 872 The record does
disclose sought avail himself of any
possible iregularty drawing of the grand jury the
competency any its prior the
proceedings in this Under above rule he
tainy any rights have had urge this objection
at this time.
In the absence of any showing the contrary the record
bound that the Circuit Court of the Fourth
Circuit pursued method providing grand jury for
the July 1900, term.
The objection the form of the That the
exceeded its jurisdiction fixing the time of the
ton and that for that the entire and
is void
The only record of the before that
tanned In the clerks minutes and these show that motion
of the deputy attorney for of Fugha Ore
the sentenced the defendant directing that he be
taken to the Ho JAIL of Ho Island of Hawaii and Ter
ritory of Hawaii within the jurisdiction of the court
from thence the place of execution within the enclosed yard
of said JAIL and that Friday the of September A. D.
1900 between the hours of 10 o'clock the forenoon and
o'clock in the afternoon of said day. he the said defendant then
and there suffer the punishment of death being hung the
neck until dead
The of the criminal code pertinent the
Sec 81 defining the of murder and providing that
shall be of degrees the first and second be found by the
jury and Sec A. which pbes the death penalty for murder
in the first degree, and Sec $780, which reads:
"The verdict jury the decision of the court as the
may be- SHALL subject Of judgment found the
sentence to be passed in open court by either of the Justices
pursuant the penalties of the law charged and found
been violated subject the executive clemency motion
arrest Of execution for cause"
Sec $685. n all where the law of this Republic awards
the punishment of DEATH there shall always
hours between the and sentence and
at least fourteen days between the and the
And Sec. 6s6 "The marshal deputed by him,
shall nict the punishment of DEATH by hanging the criminal by
the neck until Dead when the body shall be disposed of purs
ant to the direction of the No capital punishment shall
be inflicted until the for that purpose shall be signed
by the PRESIDENT shall such punishment be inflicted after
the Presidents pardon"
The words sheriff should be substituted Sec 6S6 for
the word marshal and Governor for the word president
the latter part of the section and the word Territory for
Republic" in Sec. 6s5. Organic Act, Secs. and 81
At the law the and place of
part of the Judgment and the practice insert either
in the " Blackstone 404; Req Doyle Leach
c. c. g. In instances left with sheriff
within convenient time. " Blackstone, D. 404;
Bishops Grim Proc Vol l. Secs. 1911 and 1886.