The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-04-16
Two TERRITORIAL JURY TRIALS
DECISION BY JUDGE HUMPHREYS
REpREssEs THE GRIEVANCE
OF TWO JURORS.
Sentences on Pleas Of Guilty in United
States District court-PurIoiner
Of Bicycle is convieted-cIaudine-
Carson Collision Case Again.

Kinney. Ballou G. McClanahan for
defendant have presented a motion in
the Supreme Court for stay Of execu-
ton in the admiralty case of Geo. U,
Hind and others against Wilder's
Steamship Company This is the col
nsion case arising from the sinking OF
the bark VIM. Carson ~ the steamer
Claudine. The motion in question is
to admit of an appeal to the Supreme
Court of the United States from the
decision OF the Circuit Court OF Appeals
for the Ninth District disclaiming its
Jurisdiction TO hear an appeal. rom
the Supreme Court OF this Territory.
The defendant has taken proceedings
through Nathan H. Frank in San Fran
cisco and Duane Z. Fox in Washing.
ton. by means OF a writ of mandamus
TO the Supreme Court of Hawaii or
dering II 10 allow an appeal 20 the
Federal Supreme Court.
Chas. w. Booth has appealed from
judgment OF Sl65S.75 against him FOR
taxes. at the suit Of Tax Collector
Shaw, in the Honolulu District Court.
The trustees OF the estate of the late
Theo. II. Davies have acknowledged
receipt OF property from the admins
traitors.
Return of summons has been made
In the suit of Paul Lempke VS.. Caro-
line Patzig and c. H. Patzig, for $1,000
and interest on a promissory note.
David Kaolelopono has brought IN
action against X. L. Kalei, claiming
$500 damages. for malicious prosecu-
ton Of plaintiff in the Eva District
Court for stealing taro. Plaintiff was
committed to the Circuit Court, where
the Grand Jury returned the indict-
ment not found.
Willie Solomon was found guilty of
larceny in the second degree, for
stealing a bicycle, by the following
jury before Judge Humphreys yester-
day: Jos. Lightfoot, Frederick 3.
Damon. Albert Trask. Arthur Coyne,
William Nj. Mahuka, Paul f. r.
Strauch. Clinton j. Hutchins, Freder-
ick w. Weed. Isaac Adams. VIM H.
Smith. Thomas r. Mossman and Jos.
H. Lichtig.
Kepano was next put on trial before
Judge Gear for larceny in the second
degree, done in the stealing of bag of
-four. w Cathcart. Deputy Attor-
ney General for the prosecution; ]. l..
Kaulukou for the defendant. The
following jury was empanelled: Gin
ton ]. Hutchins. Jos. Lightfoot, Ar
thur Coyne. Willis W. Parkhurst, VIM.
NJ. Mahuka, +. b. Damon, F S. Lyman,
" Thnc ID MnGGt,aar p,ttl
Strauch. Captain Isaiah Bray, Joseph
II. Lichtig and w. II. Smith.
The Federal Court.
The legality of the grand jury in
the United States District Court was
attacked yesterday morning by Lor-
rim Andrews. attorney for Thomas SAT-
frey. indicted for forgery, and Geo. E.
Lee, for assault and battery on board
the bark Star of Bengal upon the high
seas.
Mr.. Andrews entered a plea in
abatement in each case upon two
grounds. viz: First, that J. W. Pod
more. one of the grand jurors. was not
an American citizen: second, that the
grand jury was not drawn according
TO law in that ii was not drawn pub
iicly from a box containing SEQ quail
fed names.
District Attorney ]. c. Baird will.
at 10 o'clock this morning. file an an.
swer 20 these pleas in abatement.
Judge Estee, on being informed in
answer 10 his question that the de-
PENDANTS had signed the pleas. said il
hey had done so OF their own win the
court would deal with them in the
went Of the assertions being not
proved. but il the jurors had acted |
lpon the advice of counsel then coun-
eel would be dealt with in such event /
IS that stated. II all depended upon
whether II became apparent that the |
'leas were merely a trifiing with the /
,ourt.
Pennel D.. Day pleaded guilty to
on customs officer and was
sentenced TO imprisonment for 30 days |
that day.
Mike Moretta pleaded guilty TO as
'ault with a weapon on Michael Null |
alley aboard the whaler Andrew
Hicks upon the high seas. He was l
sentenced TO pay a fine of sl00 and to |
De imprisoned at hard labor for six
months.
The trial jury was excused until
text Monday.
Decision on Motion.
Judge Humphreys has rendered the
GLOWING decision on motion TO yacate Il
rider In the matter of W. r. Schmidt
nd c. K Quinn:
Messrs. ". T. Schmidt and C. X.
quinn were in attendance on the Cir
nit Court OF the First Circuit ar the
february A. D. 1901 term thereof as
-ial Jurors. having been brought into
he court under its ~enire taeias for
nat purpose. On the first day Of
Iarch. A. ID. 1901. Messrs- Schmidt
nd Quinn. with ten others. were |
rewn. examined and being found !
aalifed. were duly sworn to serve as ]
ial Jurors In the case OF the Terrific *
! OF Hawaii VS. Manu-. charged with |
Aving committed an assault and bat I
'ry with n weapon obviously and i'm q