The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-11-15
At TACKS
JURY LAW
IN COURT
Robertson Claims
Bailiff Act Is
Invalid.
(From Thursdays dally)

= HE validity of the BailiT act al
ready the subject of considerable
- discussion. was attacked before
Judge Humphreys yesterday in mo-
ton made by Attorney Robertson to
lquash the indictment against William
Kolo Rathburn for perjury. Argument
on the motion was postponed until
Monday when 1t will be finally dis
posed Of. If the attack on the Bailif
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 a
lduplicity of charges In the indictment
as returned. Mr.. Robertson contended
that the indictment charged him with
half dozen separate offenses. He
said that perjury consisted in testifying
falsely to n material fact, and as sew
eral facts were alleged to have been
sworn to falsely by him, all of which
We're 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 Carter's
house, looking at n bright light on the
inside, then drove on, until rain threat
cning, 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-
tlon of Mr.. Robertson with n 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.
n otherwise defendant could have been
charged with. and tried for half doz-
8 en- different offenses,
Immediately following the courts
! Iruling Deputy Attorney General Cath
cart asked that the case be set down
for trial. and then it was that Robert
son sprung his little surprise, by read
+. ing the following motion:
!. And now comes the said william
Q Kolo Rathburn, defendant herein. and
:, doth challenge the array of the panel
J. of jurors summoned to attend this pres
ent term of this court to try the causes
y entitled cause on the ground that said
> panel was selected and summoned by
/. an officer having no lawful power or
! authority to select or summon said
panel of jurors. to wit, n bailff of this
:. court. And this the said defendant is
: ready to verify; wherefore he prays
judgments that said panel may be
: quashed."
He stated that he wished 10 intro
duce records and evidence as to the
4 truth Of the motion presented and ask
ed that day for hearing the matter
= be fixed. Mr.. Cathcart replied that 1t
. was very important that early action
be taken upon n question of such i'm
. portance and asked that the hearing
be set for as early n day as was con-
. lNenient. The court thereupon fixed the
r, time for ten o'clock next Monday morn
I ing
The principal point raised by Mr..
l. Robertson will be that the bill was not
:. regularly passed. as it was not given
three readings as is required by law
The Organic Act says: THAT bill in
order to become law shall except as
Z, herein provided. pass three readings in
? each house, on separate days, the final
passage of which in each house shall
= be by majority vote of all the MEM
beers to which such house is entitled,
taken by ayes and noes and entered up
on its journal"
An examination of the records of the
Legislature, shows that the bill passed
three readings, but there is consider
q able doubt of its regular adoption as
regards an amendment. Senator White
gave notice of the bill March - it was
given a first reading in the senate
March l4th. second reading March
cath and third reading the next day,
when 1t was sent TO the house. In the
house ii was given its first reading
March 26th, and second reading April
9th. When the bill came up for its
final passage, Robertson moved that
section five, relating to the pay Of
" balllifs, be stricken out. The motion
was defeated and the bill put up for
passage with the result that it received
fourteen votes for TO thirteen against,
failing TO have a majority OF all mem
beers as required.
IL Representative Robertson then mov-
ed for a second time that section five
be stricken out, and this time the prop
osition carried. April 9th Dickey in
troduced another amendment which
81 failed to pass and the bill was re.
D ferred 10 the judiciary committee and
v approved by II. The bill was lost or
d the 18th and on the 18th it was passed