The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-14
ATTACKS
JURY LAW
IN COURT
RObertSOn Claims
BaiIiff Act Is
Invalid.
QUESTION RAISED
IN RATHBURN CASE
Motion Made to Quash Grand
Jury PaneI-BiII Was Not
Properly Passed.

II He validity of the Bailih act. al
ready the subject of considerable
discussion, was attacked before
Judge Humphreys yesterday in mo-
ton made by Attorney Robertson to
quash the Indictment against William
Kolo Rathburn for perjury. Argument
on the motion was postponed until
Monday when it will be finally dis
posed Of. If the attack on the Baiiiff
act is successful it is likely to throw
out all the indictments returned by the
last grand jury. and Of all other grand
juries drawn by virtue of that law.
Attorney Robertson's motion is based
on technical grounds, namely that the
bill was not read three times in each
house as is required by law.
This question was raised yesterday
after the court had overruled a de-
murrer to the Indictment in the same
case on the ground that there was
dupIicity of charges in the indictment
as returned. Mr.. Robertson contended
that the Indictment charged him with
half a dozen separate ofeenses. He
said that perjury consisted in testifying
falsely to a material fact, and as sew
eral facts were alleged to have been
sworn to. falsely by him. all of which
were said to be material, he argued
that one juryman might find him
guilty Of one charge, and another of
the second fact. 1t was the duty of the
prosecution, he said. to allege the exact
nature of the crime of which he was
charged. In the Indictment the de-
PENDANT was alleged to have testified
that he left his home alone, and stop
ped five minutes in front of Carriers
house, looking at bright light on the
inside, then drove on. until rain threat
enins. he returned home. Until that
time he did not know he had been
shot The indictment alleges that he
was accompanied by some one. and
that he was inside Carriers grounds.
at the time he was shot.
Mr. Cathcart replied To the conten-
ton of Mr.. Robertson with a long ar
ray of authorities showing that the in
dictment was proper, and that differ
ent allegations Of perjury might be set
out in one count.
Judge Humphreys denied the demur-
rer holding that separate offenses
might be set out in one indictment,
otherwise defendant could have been
charged with, and tried for half a doz-
en- different offenses.
Immediately following the courts
ruling Deputy Attorney General Cath
cart asked that the case be set down
for trial, and then il was that Robert
son sprung his little surprise. by read
ing the following motion:
And now comes the said William
KolD Rathburn. defendant herein. and
doth challenge the array Of the panel
IF Jurors summoned to attend this pres
emf term of this court~to try the causes
therein pending, including the above
entitled cause, on the ground that said |
panel was selected and summoned by /
an officer having no lawful power or !
to select or summon said /
panel OF jurors. To wit. a bailiff OF this !
court. And this the said defendant is !
ready 10 verify; wherefore he prays !
judgments that said panel may be |
Guashed.'
He stated that he wished To intro /
1uce records and evidence as To the 1
truth of the motion presented and ask
I'd that a day for hearing the matter
be fixed. Mr.. Cathcart replied that it
was very important that early action
b. taken upon a question of such inn /
Dortance and asked that the hearing
be set for as early a day as was con-
yenient The court thereupon fixed the
ime FOR ten o'clock next Monday morn
ing.