The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-04-15
DEFENDANTS AFTER FEDERAL
PANEL.
Charge That Podmore is Not Citizen
And That Jury Was Improperly
Drawn-Copy of Plea.

There was a lively time in the Fede-
raj court for a few minutes this morn
ing and more is to follow Clients of
Lorrin Andrews filed a plea in abate-
ment, charging that the Federal Grand
! Jury is illegally organized. The pleas
are in the cases of George 70. Lee,
| charged with assault and battery
aboard the Star of Bengal and Thomas
/ Saffrey, charged with forging the name
| of Paymaster Hall to salary warrant
| for $3.50
When the pleas were presented Judge
| Estee asked if the defendants in the
matters had signed them. The reply
was that they had. Judge Estee there
upon stated that if they were signed by
the defendants of their own will they
! (the defendants) would be handled by
| the court unless the charges were prov
ed. If they were signed upon advice of
counsel, then counsel would be handled
The pleas were then read. Judge Estee
demanded that defendants plead to the
charge. They declined to plead and
pleas of not guilty were entered against
them.
Following is a copy of one of the
pleas:
And now the said George r Lee in his
| own proper person cometh into this
court and having heard the said indict-
ment against him read saith that the
said United States of Amerca ought not
further prosecute the said indictment
against him the said George E. Lee.
First. Because he saith that j. w.
Podmore of Honolulu, Territory of Ha-
wall, United States of America, who, at
the April Term of said Court, did serve
and act in finding and returning said
Indictment into said court as one of the
grand jurors by whom said Indictment
was found and returned into said court
at the said term thereof, which said in
4 &c q fpra rot try1T
( ed into said court on the 11th day OF
) April, A. d. 1901, was not at the time
he so served and acted as aforesaid and
r at the time said indictment was found
= and returned as aforesaid, duly and le-
i gally qualified to serve and act as said
5 grand juror in this that the said ]. w
Podmore was not and is not a citizen OF
p the United States of America.
2 AS a second plea it is averred that
the balance of the jury who at said
April term of said Court did serve anC
act in finding and returning said in
dictment into said Court at the said
q April term thereof as grand jurors, by
whom said indictment at the said tern
. of said Court was found and returned
= on the 18th day of April, A. D., 1901
e were not and each of them was not a
II the time they or either or any of then
II so served and acted as aforesaid anC
at the time said indictment was foun'
and returned as aforesaid duly anc
legally qualified to serve and act al
such grand Jurors.
\ Third. And because he saith tha
j the Grand Jury aforesaid by whom SAT-
Il Indictment was found and returned a
IL aforesaid was not at the time said in
dictment was found and returned a
k aforesaid, and never was a legally con
,e stituted grand jury of the United State
" District Court in and for the Territor
If of Hawaii, in that the said grand juror
ST were not properly drawn, not bein
,g publicly drawn from a box containin
,e at the time of such drawing the name
]; of not less than three hundred person
II possessing the qualifications prescribe
le in Section 500 of the Revised Statute
,s of the United States.
,k And the said George E. Lee salt
r further that this is the first opportunt
I'd which he hath had to raise the afort
or said objections and challenge to tn
Ne aforesaid grand jury and the person.
le thereof as aforesaid, in that he ha
IS ever since the 18th day of March A. l
1901, been imprisoned and deprived
nj his liberty in oahu Prison, in Honolulu
a. in said Territory of Hawaii, and wa
not notified or allowed to be preser
H. and was not present when the person
as constituting said grand jury was
v any of them were sworn or examined G
sd their voir dire, or when the said Gran
in Jury was empanelled and sworn.
RI And this the said George E. Lee
III ready to verify.
a. Wherefore. the said George f. LC
ha prays judgment of the said indictmei
a. and that the same may be quashed ar
he dismissed"
" The matter will be argued tomorro
,ft morning.