The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-02-20
MANY new
CASES.
Circuit Judge 10
| Hear the (JiIl
/ Matter.
CLAIMS JURY WAS
ILLEGALLY DRAWN
Many Estates In Legal D'ff'cu't's
: ..Hefferman Arraisned on
l. !. Three Counts.

Il He stated in open court yester- -
nirp after the defendant had u
al b;s nlea in abatement, that ne OF
nos hound under oath OF once 10 o'o
,.,;n;s+ar Justice irrespective OF per .
His statement was proush' /,
st,+ hv the word criticism winch b
mn in a statement OF the couh- p
ri for the prosecution La"sei
TIo,,,ay for the indicted editor, oe- +
- t,at instead of his client entering {
his plea that he be allowed " me !
.,oo in abatement, and asked until TINS :
| morning to determine what action ~
! take with reference to the piea' "hioi
was granted by the Judge
The plea objects to the persoiihei -
10 Grand Jury which brought the III
dic+noent against Gill for his deadly as
.o,,,t ,non Mortimer /. stevens III
80 - was impannelled by the Hlgh
sheriff. whom he says Is piassu ~ ~
reason of his being the proseeu.iis eur
.s.,,o1, in the District Court, ana, III, |
toineS 49, tho iury was drawn only
, 49,, residents of Honolulu insteau "
fro,, the whole Island of Oahu' whlcn
/, &c in the judicial jurisdiction u 'ii'
Circuit Court. ,os+ N hear argu-
III 81 the n,ea the Circuit Judge
said: ,,,o;nad RI hear
a,,ment in this matter. The plea III
abatement is vital Ihe nollen. az,
defendant was indicted lhe Jul 80
T. of the court attached. Defendant heu
right to have the Circuit Court hA
VIC bond There was no otner JuuSe
save the now presiding judge Oh tn,s >
court before whom the matter coulo
he heard and the request OF the ue
eo,dant that his bond be fixed imposed
mon this court a duty that II coulu
not shirk / have made an eXaflilii :.
tion Of the law bearing upon my quaii-
fications to sit in this case, ana al
satisfied there is no legal ana no tec Gu
meal disqualification to my nearing .ls
oasa or any part of the case that may
arise There is a question OF uelleaoS
and considerations OF that sor. o.
such that a judge always mas !he iiS -
to determine them for hlmseI' aiiu AZ
is not accountable to any one eAcep
his own sense OF propiie.s CIV ~
. ness Of things.
f.If personal friendship should Keep
iudge from trying his personal frleno
then his enemies would have an equa
right to argue that personal enmlt
should keep a judge from trying then
and the result would be that judg
could only try such persons as Wer
strangers to him. In a community
this sort that would be llnpflc ti.sp =,
nublic sentiment, or out of deferene
&C TO any element in this community,
~ shirk any duty imposed upon me
nv oath of Office and, if it become
necessary, VIII try TINS case, .. ii
necessity has not yet presented ltse!
and until it does / shall not hear Il
case. ,
Ing Under the Constitution of the Unit
States the defendant in GRIMM
long case has the right to speedy tri'
hp kent With lnQlC
ment hanging over him, clouding I
good name, affecting his credit a.
and standing and position In the COZ
1., munity and in society He has I
Ao right to be tried; a right to have t
charge determined by a jury of
country. That is an absolute constlt
tional right that every man chars
with crime has. While the right
a speedy trial is accorded by the &C
stitution, yet that does not necessar
mean an immediate trial. 1t means
trial with such speed as may be &C
sistent with the highest. public go
N and with the necessities and requi
lin ments of the particular case.
Ill II do not believe the defendant
tH5 this case will be affected in his c.
Wv stitutional rights and privileges if
ar. case is not heard at this term of col
There will be another term OF
, Box court in three months and the pro
bilities are that by that time there
who will not be affected by any C
siderations such as present themsel
to the mind of this court. I'm
some good reason is shown by cit
the prosecution or defendant why
case should be heard at this term
court, the court will, at some Il
day, order the case continued for
term"
Lorrin Andrews, who is assisting
the prosecution of Gill, arose to S
that the matter involved many
portant questions of law and
method of calling a Grand Jury
}. gether, and he thought it was
important that speedy deci
should be reached He considere
Nd "A the duty of the court to order It
the public good and the Interest,"
the Territory, as it might involve
the indictments filed by the Gl
. Jury if not speedily disposed Of.
- did not think any one could crit
this case or any feelings of deli
ms should intervene in such case
'NAS the judge could only decide 1t
points of law.
The Circuit Judge in response to
Andrews statement said:
Co. In view of the request made by
WE'D. Deputy Attorney General and pri
Ginger counsel assisting the prosecution
court will take up the plea in al
ment tomorrow morning. In his
marks. counsel made some refer
to criticism. The court wishes 1t
derstood that it is not conducting
court to avoid public or private
csm. gIt is here to discharge it's
- under its oath of office, and If, in
that. it invokes criticism, it will
gladly bear it. If public criticism
"A. control the court, then it might
as well adjourn sine die, anc III
- cara does not intend to do. This court
transact the business of the
without reference to public senti
Works ssssss sus.s wi P s3sts ssgf is
or controlled by clidues or mo
rings or bv that invisible and Or
quantity called public sentiment.
The case was therefore cont
ort Sta until this morning at 10 O'Clock,