The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-16

i-tAt VI an appeal TO the supreme Court
of the United States from the decision
OF the Circuit Court of Appeals for the
Ninth District, which disclaims its jur-
lsolction to hear an appeal from the Su-
preme Court of the Territory of Ha-
wall Proceedings have been taken by
! the defendant, through Nathan H. Frank
IN San Francisco and Duane E Fax in
/ Washington, by means of a writ of man
damus to the Supreme Court of this Ter
rltory, ordering that it allow an appeal
to the Supreme Court of the United
States.
CHARGE AGAINST THE GRAND
JURY.
"A stir was created in the Federal Court
Yesterday morning by the filing of pleas
in abatement. charging that the Federal
Grand Jury is Illegally organized.
The pleas are made by George E. Lee
and Thomas Saffrey, through their at
torney, Lorrin Andrews the former be-
ing charged with assault and battery
aboard the Star of Bengal, and the lat
ter with forging the name of Paymaster
Han to salary warrant for $3.50. both
OF whom were indicted by the Grand
Jury last week
Upon presentation of the pleas to
Judge Estee. he asked if the de-
PENDANTS had affixed their signatures to
them and was told that they had
upon this Judge Estee said that in this
case, II the defendants had signed the
pleas OF their own free Will, unless they
We're able to prove the charge made,
they would be dealt with by the Court:
II counsel for defendants had advised
the signing of the pleas. counsel would
be handled by the Court
After the reading of the pleas. Judge
Estee demanded that the defendants
plead to the charge. This they declined
10 do and pleas of not guilty were en-
tered against them
The plea of George f. Lee is as fol-
lows, that of Defendant Saffrey being
substantially the same:
AND now the said George E. Lee in his
own proper person cometh into this
court and having heard the said indict-
ment against him read saith that the
said United States of America ought not
further prosecute the said Indictment
AGAINST him, the said George E. Lee.
first. Because he saith that ] w
Podmore of Honolulu, Territory of Ha-
wall, United States of America. who at
the April term of said court, did serve
and act in finding and returning said in
dictment into said court as one of the
Grand Jurors by whom said Indictment
was found and returned into said court
at the said term thereof which said in
ed into said court on the 18th day of
April. A. D. 1901. was not at the time
ne so served and acted as aforesaid and
al the time said Indictment was found
and returned as aforesaid duly and Ie-
gally qualified to serve and act as said
Grand Juror in this that the said ] w.
Podmore was not and is not a citizen of
the United States of America
As second plea it is averred that
the balance the i11r1r furI 4
April term of said Court did serve and
act in finding and returning said in
dictment into said Court at the said
april term thereof as Grand Jurors by
whom said indictment at the said term
Of said Court was found and returned
on the 18th day of April, A d 1901,
We're not and each Of them was not at
the time they or either or any of them
so served and acted as aforesaid and at
the time said Indictment was found
and returned as aforesaid duly and
legally qualified to serve and act as
such Grand Jurors
Third. And because he saith that
the Grand Jury aforesaid by whom said
indictment was found and returned as
aforesaid was not at the time said in
dictment was found and returned as
aforesaid, and never was a legally con-
stituted Grand Jury of the United States
OF Hawaii, in that the said Grand Jur-
ors were not properly drawn, not being
publicly drawn from a box containing at
the time of such drawing the names of
not less than 300 persons possessing the
qualifications prescribed in section 500 OF
the Revised Statutes of the United
States.
And the said George F. Lee saith fur
Their that this is the first opportunity
/ which he hal had m a
said objections and challenge 10 the
aforesaid Grand Jury and the personnel
thereof as aforesaid, sin that he has
ever since the 18th day of March, A D
( 1901, been imprisoned and deprived of
( his liberty in Oahu prison, in Honolulu.
/ in said Territory of Hawaii and was
not notified or allowed to be present
and was not present when the persons
constituting said Grand Jury We're or any
of them was sworn or examined on
their voir dire or when the said Grand
Jury was empanelled and sworn.
I And this the said George z. Lee is rea-
dg TO verify.
Wherefore. the said George f. Lee
prays judgment Of the said indictment
and that the same may be quashed and
I dismissed
The matter will be heard today
EXECUTIVE COUNCIL.
/ Owing to the indsposition of Governor
Dole, there was no regular session of the
Executive Council yesterday, but IN the
afternoon the heads of the departments
met and continued in session all after
noon. The meeting took the form of an
Informal discussion of bills and ques-
tons now before the Legislature. and
no official action was taken.
Spruance, Stanley & Co.. San Fran
cisco. are the proprietors of the cele
brated Kentucky Favorite" whisky.