The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-28
THE BAIL|FF
LAW AGAIN
Another Attack Is
Made in Davis
Case.

4 combined onslaught is to be made
upon the falhous bailin act i'll the Su-
preme Cour4 if convictions are had in
several of tn criminal cases now pend
ing before Circuit Court,
Yesterday T. McCants Stewart, at
torney for William Davis, made an at
/ tack on the bailif law, claiming that it
"a illegal, and challenging the panel Of
petit jurors drawn to hear the case.
| In the case of VIM. Il Rathburn
wherein Attorney Robertson made a
similar attack on the grand jury panel,
no further action looking to an appeal
has been taken, and nothing further
Will be done before the termination Of
| the trial, as it viii be unnecessary in
the event of an acquittal.
The motion filed yesterday in the
Davis case was as follows:
And now comes William Davis, de-
PENDANT above named, by t McCants-
Stewart, his attorney, and hereby chal-
| lenges the panel of Trial Jurors, re-
turned for this November Term of this
court, denying the right of them and
each of them to try this defendant on
the following grounds, to wit: That
said panel of jurors, and each of them
was selected and summoned without
authority of law, and to the prejudice
of defendant"
Judge Gear promptly denied the mo-
ton, stating that he based his decision
on the one given by Judge Humphreys
in the Rathburn matter. and the de-
PENDANT was allowed exceptions. Mr..
Stewart stated that he simply wished to
preserve the rights of his client in the
event that an appeal to the Supreme
Court became necessary.
The following jury was then drawn to
hear the case: Jas. K. Merseberg, Geo.
w. Macy, Ed. K. Blake, Jas. Kahale-
qua, Jonah K. NakiIa. Alexander CT.
Nicholas Guy Livingston. Jas. NJ. Sims,
John A. Noble, Herman Levy, VIM.
Herrick, David Motley.
Davis is charged with having shot
Chinaman a few weeks ago. The evil
dence of the prosecution was to the eff
feet that the defendant, in company with !
several other young men, were out horse |
back riding and became noisy and bois- !
ferrous. While passing a wagon in which !
was seated the Chinese, a pistol was dis |
charged, and the occupant of the wagon /
received the bullet in his chest. The |
prosecuting witness stripped and eXhib- |
Y.
sFhe defendant makes denial of the
fact that the Chinese was wounded. but
Davis alleges that he did not do the
shooting. His father was on the stand
and testified that the only gun which
was owned by the boy had been in his
possession a the time of the shooting.
The gun was also introduced in evidence
and the witness testified that he had
used 1t to shoot at dog, then emptying
it of its contents. At the request of the
Court the gun handed to Davis
senior, who was told to discharge it. but
the trigger obstinately refused to re-
spond
The case went over until Friday morn
ing. adjournment being taken at
O'Clock The defendants case has not
been concluded and the arguments Will 4
be presented Friday.
TWO YEARS FOR ASSAULT.
Jonah Davis was found guilty yester- 4
day of assault with a weapon, and was /,
thereupOn sentenced to u term of TWO
years in the Oahu prison.
Arthur Aukai was the complaining i
witness, who was badly slashed with
knife. The quarrel between the two men
was over the possession of a borrowed
lariat. Both men were horseback
when the fight occurred. and Aukai was
terribly cut the arm. Judge Gear.
in passing sentence, remarked that he
was sorry he was unable TO make the
punishment more severe Inc following
jury heard the case:
Edward Woodward Benz r. Campbell,
Isaiah Bray, Jas. X. Merseberg, James
NJ. Sims, John NJ Davis. Alexander X.
Aona, Ruby \. Dexter Charles +. Lake,
John L. Hausemann, John A. Noble and
James Kahalepua.
GETS OFF EASY. ,
Frank Fisher, charged with assault. s
was fined $50 and costs, though he got I
off easier than Judge Gear intended. The }
defendants attorney asked that leniency .
be shown, as Fisher had an opportunity
to leave on a ship, and would do so. The
prisoner stated that he was a hardwork- 5
ing man and saved his money. c
How much money have you got?' /
asked the Court.
I've saved up $50 replied the defend f
ant cautiously r
Guess you had better donate that 10 6
he government; it needs the money. III =
inc you $50"
The defendant walked ont smiling. and I
lust as he left the court asked how
much the amount OF the cash bail was. s
4 wish I had known it, remarked | a
Judge Gear. when informed that the de- v
endant had placed $50 in the hands of t
he clerk as bail. II