The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-03-22
HIZZONER
CITED.


circuit Judge humphreys u 70 oe Civ
en- an opportunity 10 appear Oeiore
tribunal ana explain ms ACTON III hhihs
Jurors w. 7, Schmiul ana =. Il. quinn
for not bringing IN "A verdict or suHty
In the case OF the territory OF HaWdh
vs. Manu-, when the other Ten Jurors con
sidered the defendant guilty. Inc CIR
cut Judge Will step down ana out OF ms
othc'al chalr on the behch TO the MOOT,
where SO many CITIZENS hoh-citizens ana
OthCfs VINO hau run aloul OF the Ia"
nave peeh wont 10 treHlDie ~ ms auSu
presence tils piace On tiie oeIiSh M4i nc
taken W we CIliel ouslice anu ous'''e'
OF the supreme court, VINO WIN 'is'tn ~
the hanualiius p.oGeeNil,s3 pious" az
against the circuit Judge py 'ne wv Jl-
rors, VINO state that they are uhaplt 10
agree with the Judge IN ms view OF their
holulhg OUT against tile Ten o'iieI Juf - =
w Schrhlut' oy nus a'IoIHe!s, an
drews, Peters ana Anurade. presented
petition TO the Chlei justice gesleruly
forenoon REQUESTING 'hut VIII OF man
Janus issue against Judge humphreys,
ana sets torth the following reasons LOT
so uolhg'
AS juror slttihs on trlai before th%
circuit Judge ne brought IN Verulct
IN such causes IN Whlch ne served as
Juror. AT me conclusion Oh the tr'al Oh
Manu-, he retired to the jury room with
me other several members OF the Jury
lor inc CoHsiuera'ioii VI Nei ulCt' i"
tne CONSIDERATION OF the Nerdict the
pltihtiil was uil'ple 10 agree WIN zen
other Jurors, anu no o NeIoi g, was reacilci
up TO the hour OF 3'SC OF that same DAY
anu tncy requested iurther ihtorIlatl1h
IIoih tne 'uuse, anu ne was "l'el aus
hSa'h "ha"'e 10 agree WIN t"e zen otheF
Jurors. He further states that up to and
ihci luz. me nIur OIL ~ ciock On March
:, I'oI, no Nerolct was reached pS "ie
jury anu 'le jury WAS CheH oIdefel 10
d ppear peloIe lhe -lrcult Judge. me
foreman informed the Judge that the
5uIS 'oul" not agree upon I" EeFulcI' ne
jury s'ahutus zen 10 Two me Ju-Ee
ttquesltu tle HaIleS OF tle Two Jurors,
~. ~ Was '"lo. me. me-, ny me foreman tHat
lh'y We're w. l. schmidt ana =. Is.
''uImh
~ SAD a; ,. humphreys "4'i'Ee oil
sa.R court ana then and there, NIIEcut
c1I,e ana without rlEht, ana snnLcarE'
ID ne law ana the rights OF said iurots, /.
W. I. SchmidI ana e ~ quinn, harsh .
~ and cruelty rcpIimand the said j. rGrs .
ana ana then and there further oiaer
.Aat me sald jurors should ne excused
fror further jury duty and did then an I .
mere without cause ana without right .
/, F!heF order mat SAID Jurors Forfeit +.
,nelr p'' ulem iees as such Juro.s TO- The .
-, '' 'o''i' i''i' VI 7a'u 1i'I ulpt= .
saiu.
nht SoEr PeliI'oher' as a .nehlNc" or
said Jury aforesaid was forced and com
peIIeG 70 pass me night OF March in .
ne '""IvidtE puHuIhs, IN Honol lin, ana .
li Iut AT an times Whlie a verdict in SAID .
AUST was neIilg considered by %aid jury .
ne uiu cohuuet hlmse1 properly, ana cid .
perform mis- duties, in .
20 y, win ms oath as trial 1ur- .
r., ,.,-..,,
me pIaintiH states that there was due .
nun as lees S2i, and the same IS now .
he'd py henry smith, clerk of the Judi I
t.diy Departtheht VINO refuses to pay .
me amount TO hlm
,ss,,a ann oti may 'he VIII or mandamns
ISSUE against the Judge, ordering ard I
ulrtc''.s MN TO set aside the order 7.
tn"ue ny MN, excluding the petitioner
rom turther duty, or to show cause
Wy ne Shou!u not 40 the same.
ohler justice Frear Immediately issued
Ine writ which was served upon the Cir
.u'' 1uuse snortly before 10 O'Clock. and
ne Is oruered TO appear before the Su-
ptSlns court tomorrow morning at 10
y Iiot ~
tLe afternoon the circuit Judge filed
II 80 uei'urrer 10 the proceedings, as fol- |
ana no" comes A. s. Humphreys, First |
Iuuse OF the circuit Court of the First /
-hCuI'' , errltorY or Hawaii, and demurs .
-, 80, th1 alternative writ of mandamus, Is
'utu nerelh. because the writ does not .
80 iaCts suIncieht 10 constitute cause .
- "ottou' OF 10 entitle the relator to the .
e. ol nlhhdamus or to any relief.
~ N", . ai'elhat i've writ or mandamus Is
i 49, b,ropsrN eh'itied and the allegations
aid ' aI,a are not IN proper form; nor are