The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-20
JUDGE TO FACE
THE JUSTICES
Juror Objected to Treatment Re.
ceived at the Trial of
Manu-.

| Circuit Judge Humphreys is to be Civ
en- an opportunity to appear before a
| tribunal end explain his action in filming
| Jurors w. T. Schmidt and c. K. Quinn
| for not bringing in verdict of guilty
in the case of the Territory of Hawaii
Tvs Manu- when the other ten jurors con-
sidered the defendant guilty. The Cir
cult Judge will step down and out of his
official chair on the bench to the floor.
where 50 many citizens, non-citizens and
others who had run afoul of the law
have been wont to tremble in his august
presence His place on the bench will be
taken by the Chief Justice and Justices
of the Supreme Court, who will listen TO
the mandamus proceedings brought
against the Circuit Judge by the two jul
rors. who state that they are unable to
agree with the Judge in his view of their
holding out against the ten other jurors.
w. 7. Schmidt by his attorneys, An
drews, Peters and Andrade, presented
petition to the Chief Justice yesterday
forenoon requesting that writ of man
damus issue against Judge Humphreys.
and sets forth the following reasons for
so doing:
AS a juror sitting on trial before the
Circuit Judge, he brought in a verdict
in such causes in which he served as
Juror At the conclusion of the trial of
Manu-, he retired to the jury room with
the other several members of the jury
for the consideration OF a verdict, In
the consideration of the verdict the
plaintiff was unable to agree with ten
lother jurors, and no verdict was reached
up to the hour of $50 of that same day,
and they requested further information
from the Judge and he was afterwards
again unable to agree with the ten other
jurors. He further states that up to and
including the hour Of 10 o'clock on March
2, 1901 no verdict was reached by the
!, jury, and the jury was then ordered 10
I. appear before the Circuit Judge. The
! foreman informed the Judge that the
jury could not agree upon verdict, The
jury standing ten to two. The JUICE
requested the names of the two Jurors
and was informed by the foreman that
they We're W. T. Schmidt and C. h.
Quinn
"The said A S. Humphreys, Judge Of
SAID court, did then and there, without
cause and without right, and contrary
to the law and the rights of said jurors S.
w. L. Schmidt and c. K. QuiDa. harsh
ly and cruelty reprimand the satd J, rors
and did then and there further OF aer
/ that the said jurors should be excused
fror' further jury duty and did then an
! there without cause and without right
! further order that said jurors forfeit
their per diem fees as such jurors fol- the
February term, 1901, Of said court afore
said.
"That your petitioner, as ,nemhe- of
/ said jury aforesaid, was forced and COM
I PEELED to pass the night of March l in
the Judiciary building, in Honolulu, and
! that at all times while a verdict in sad
cause was being considered by said jury
he did conduct himself properly, and cid
l conscientiously perform his duties, in
4 compliance with his oath as trial jul =
or"
The plaintiff states that there was due
! him as fees s24, and the same IS now
held by Henry Smith, clerk of the Judi
ciary Department, who refuses to pay
the amount to him.
He asked that the writ of mandamus
issue against the Judge, ordering and
directing him to set aside the order
made by him, excluding the petitioner
! from further duty, or to show cause
! why he should not do the same
Chief Justice Frear Immediately issued
the writ which was served upon the Cir
cult Judge shortly before 10 o'clock, and
he is ordered to appear before the Su-
preme Court tomorrow morning at 10
o'clock.
In the afternoon the Circuit Judge filed
demurrer to the proceedings, as fol-
lows:
And now comes A. S. Humphreys, First
Judge of the Circuit Court of the First
Circuit, Territory of Hawaii and demurs
to the alternative writ of mandamus. is
| sued herein. Because the writ does not
state facts sufficient to constitute cause
OF action, or to entitle the relator to the
writ of mandamus or to any relief
Said alternative writ of mandamus is
prODerly entitled oil
, therein are not in proper form; nor are
| SAID allegations direct and certain
SAID alternative writ of mandamus dis
closes upon its face that the relator has
dies at law.
Said alternative writ does not show
that any motion has been made in The
Circuit Court of the First Circuit by the
relator TO have the said illegal order Of
the SAID court revoked, set aside and
held for naught; or that any proc ae iings
nave been taken by the relator in sad
court to secure relief from the alleged
! lalnt and burden Of said illegal order;
or that any application has been MADE
b to relieve the relator from the alleged
4 faint and burden of said order
4 The Judge says that "such 'gravaman
irreparabile' is wholly due to his culpa-
DIE iaches' He says he cannot do and
Il perform the matters and things which
! ne is ordered alternatively to do and
III, WITHOUT violating the well -eS-
taphshed practice of courts proceeding
4 as at common law and without violating
3 the law Of the land.
] AS last and concluding denial of the
piaintiffs right to bring him to a bar of
justice, the defendant Circuit Judge
claims that the Supreme Court is with
4 out power, authority or jurisdiction in
/ the premises and he humbly prays that
i the writ OF mandamus be dismissed and
& mat he may go hence with his costs
4 herein most vexatiously sustained"
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