The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-06-22
CLAIMANTS ARE HAIDGRANDJRES ARE ILLEGAL.
SWEEPING CONVENTIONS IN THE
SMITH CASE.
Judge Gear Hears Argument Attacking
The Bailiff Act-Methods of Choosing
Jurors.

The bailiff act and the entire system
of selecting juries since June IA, 1900
were attacked this morning in Judge
Gears court, in the case of the terri
tory against Walter G. Smith. The con-
teutions of the attornys for the defense
involve the legality OF both grand and
trial juries and if sustained will in
validate all proceedings of the grand
jury including indictments, many old
cases may also be affected
when the case was called the defense
sought to have an immediate trial,
without argument of the plea in abate-
ment, in which the grand jury is at
tackled. Attorney Andrews stated that
the attorneys for the defense and the
attorney-general were ready to go
ahead with the trial, and the defense
would agree to submit the plea in
abatement without argument, and con-
sent to its being overruled by the court
pro forma.
Judge Gear refused to allow the pro-
ceeding and insisted upon argument of
the plea. THE contentious of the plea
attack the legality of the grand jury
and trial jury" said the court land
would quash all indictments before the
court. The court will not consent tC
make ruling without hearing argu-
ment in the matter The court has
stated that it would hear criminal
cases where the interests of defend
ants demanded it, and it thinks that
Mr.. Smith is entitled to an immediate
trial, and will give him one. But if IL
is to decide this question it desires to
make correct decision, and not one
that will be overruled, and it is en-
titled to the assistance of counsel.
The question raised is a most seri-
Gus one, and the court would like to
hear the reasons of counsel for attack
ing the legality of the grand jury"
Judge Gear stated that he would give
speedy decision and the case might
then be tried. Attorneys Andrews and
Ballou stated that they were ready to
go ahead with the argument, and the
case was taken up at once.
Attorney Dole stated to the
court that he might want some time
in which to answer. Il do not know
at present of any case reasons why the
grand. jury was Illegal" said Mr.. Dole.
and after counsel make their argu-
ments L NAV want a reasonable time in
which to answer"
Ballou then took up the argument.
beginning by attacking the proposition
that a jury could be selected by one
man, Which he said probably occurred
nowhere in the United States except in
Hawaii.
an hour He quoted many authorities
on the methods Of selecting grand ju-
rors. he stated that his Intentions at
tack the legality not only of the grand
Jury just adjourned and of the trial
JurleS of the present term, but of all
grand juries the territory has had, and
Of trial jurles generally, ever since the
old system was abandoned and the high
sheriff began to select jurors. Ballou
reviewed the change that took DlaCp i'm
the manner of selecting jurors, after
June IA, 1900, and declared that he at
tackled the entire series of acts by
which the changes We're made.
Ballou was followed by Andrews, who
gave further authorities and reasons
why grand jurors should be selected by
lots.
After the presentation of the case by
the LAWYERS for the defense court ad-
Journed till one O'Clock this afternoon
when attorney general Dole began his
reply,