The Hawaiian gazette., 1901-11-29
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- soy.l e.nsa soxosa co. WV yoss:

Yesterday T. McCants Stewart. at
| torney for William Davis, made an at
Etack on the ballff law, claiming that II
twas illegal and challenging the panel Of
tpetit jurors drawn to hear the case.
| In the case of VIM. X. Rathburn
Iwherein Attorney Robertson made
similar attack on the grand jury panel,
no further action looking to an appeal
has been taken, and nothing further
will be done before the termination Of
the trial, as 1t will be unnecessary in
the event of an acquittal.
The motion filed yesterday In the
Davis case was as follows:
And now comes William Davis. de-
PENDANT above named, by r. McCants
stewart, his attorney, and hereby chal-
lenges the panel of Trial Jurors. re-
turned for this November Term of this
CONT denying the right of them and
each Of them to try this defendant on
the following grounds, to wit: That
said panel of jurors, and each OF them
was selected and summoned without
authority of law, and to the prejudice
Of defendant
Judge Gear promptly denied the mo-
ton, stating that he based his decision
on the one given by Judge Humphreys
in the Rathburn matter, and the de-
PENDANT was allowed exceptions. Mr..
Stewart stated that he simply wished to
preserve the rights of his client in the
event that an appeal to the Supreme
Court became necessary.
Davis is charged with having shot
Chnaman a few weeks ago The evil
dence of the prosecution was to the ef-
feet that the defendant in company with
several other young men. were out horse
back riding and became noisy and bois-
ferrous While passing "A wagon in which
was seated the Chinese, a pistol was dis
charged and the occupant of the wagon
received the bullet in his chest. The
prosecuting witness stripped and eXhib-
tied the wound to the jury yesterday.
The defendant makes no denial of the
fact that the Chinese was wounded, but
Davis alleges that he did not do the
shooting. His father was on the stand
land testified that the only gun which
twas owned by the boy had been In his
possession at the time of the shooting
| The gun was also ia reduced in evidence.
| and the witness testified that he had
fused 1T to shoot at a dog, then emptying
Fit of its contents. At the request of the
ECourt, the gun was handed to Davis
Esenior, who was told to discharge IT, but
rune Trigger ODStlIlatcly refused 10 re-
spond
The case went ovcr until Friday morn
| ing, adjournment eng taken at 8
o'clock. The defe nt's case has not
been concluded an, che arguments will
tbe presented Friday
TWO YEARS ,R ASSAULT.
Jonah Davis was )und guilty yester-
day Of assault with a weapon, and was
Ithereupon sentenced to term of two
years in the Oahu prison.
+ Arthur Aukai was the complaining
witness, who was badly slashed with
knife. The quarrel between the two men
was over the possession of a borrowed
lariat. Both men were on horseback
when the fight occl cred and Aukai was
Ltorribly cut on the arm. Judge Gear,
| In passing sentence, remarked that he
was sorry he was unable to make the
punishment more severe. The following
| jury heard the case:
| Edward Woodward Benz. r. Campbell,
Isaiah Bray, Jas X. Merseberg, James
4 Al. Sims, John NJ. Davis, Alexander *.
IAona Ruby A. Dexter. Charles Il. Lake,
John L. Hausemann, John A. Noble and
James Kahalepua.
l., GETS OFF EASY
! Frank Fisher, charged with assault,
was fined $50 and costs, though he got
off easier than Judge Gear intended. The
defendants attorney asked that lentency
! be shown, as Fisher had an opportunity
to leave on n ship, and would do so. The
prisoner stated that he was hardwork-
ing man and saved his money.
\ How much money have you Sot?'
asked the Court.
"I've saved up $780," replied the defend
ant cautiously.
Guess you had better donate that to
the government; it needs the money I'll
fine you $50"
I The defendant walked out smiling. and
| just as he left the court asked how
much the amount of the cash bail was.
y wish | had known it," remarked
Judge Gear, when informed that the de-
fendant had placed $3.50 in the hands of
the clerk as bail