The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-16

COURT NEWS
Charged lIIegaIity
of the Grand
Jury.
HUMPHREYS
TAKES IT BACK
Executive Council Was Not Held
as Governor Dole
Was iii.

Court rendered a decision on the mo-
ton of ". T. Schmidt and c. K Quinn,
! the jurors whose dues were ordered for
feited and who We're severely re-
/ primanded by the court for failing to
agree upon verdict in a case where
on they We're jurors.
! In the decision the court cites many
instances where judges under stress of
vexation and passion, have reprimand-
ed and discharged jurors under similar
/ circumstances, afterwards practically
reversing their action in the matter.
/ 1t is stated that the court has the right
/ to discharge juries called upon open
lvenire at any time without giving ex-
plantation or reason; the opinion con-
/ tinues:
! THE power TO discharge does not,
however, include the right to reprmand
and infict a penalty upon juror who
refuses 10 coincide with his fellows or
10 return a verdict which in the opinion
of the Court the evidence requires
should be returned
The rights and value of a jury and
trial by jury are dwelt upon as follows;
'Manifestly to hold that juror who
differs with the Court, or with a major
ity of his fellow jurors as TO the cred-
Dility of witnesses or the sufficiency of
the evidence, is guilty of such miscon-
duct as viii justify a Court in repri-
handing him, peremptorily discharging
him from further duty as a juror and
imposing a fine upon him, under the dec
laration Of a forfeiture of fees earned
Z :,
term of court, is to argue that jurors
are to become either the servile and ODE
dent creatures of the Court. or that
they are, when considering their YER
dict to be dominated and controlled by
4 majority OF their co-jurors. If this
doctrine is to obtain, that independence
and free agency, which it is the policy
OF the law to encourage in the jury
room. will soon suffer humiliation, and
an institution which is now justly es-
termed the palladium of our liberties,
shielding alike from the encroachment Of
power and from the frenzy of popular ex-
element and fury and inspiring a feel
ing of confidence and security, will be
regarded with fear and distrust or held
in derison and contempt; and trial by
jury, now SO revered and so sacred, so
necessary to liberty and good govern
ment, will become a snare and delu
sion"
From the decision and opinion, it is to
be inferred that the Court clearly deems
himself in error in having reprimanded
! the defendants and in having ordered
their fees forfeited, and evidently as rea-
son for such error, he cites the cases
where anger and vexation because Of
apparently unreasonable disagreement,
have influenced the Court to take SINH
| lar action The opinion concludes:
'The Court had the right to discharge
| Messrs. Schmidt and Quinn as jurors.
The record does not disclose any state Of
/ facts showing that they should have
been reprimanded. The order forfeiting
| their fees was absolutely null and void.
1.-THE motion herein is sustained and
the clerk is hereby ordered to pay to
Messrs. Schmidt and Quinn, respectively,
their fees as jurors for the February, A.
D. 1901. term of the Circuit Court Of the
First Circuit.
"All costs RENTED"
COURT NOTES.
Willie Solomon, on trial for larceny in
the second degree. was found guilty be
fore the First Judge of the First Cir
cult Court yesterday morning. The Of
/ Tense was the stealing of a. bicycle. The
Jury on the case were as follows: JOS.
Lightfoot, F. B. Damon, Albert Trask
Arthur Coyne, W. NJ. Mahul<a, Paul E
r. strauch, Clinton ]. Hutchins F. w
Weed. Isaac Adams, w. H. Smith, I
r. Mossman. J H. Lichtig.
The Second Judge heard the case OF
Kepano. charged with larceny in the
second degree in the stealing OF oas
OF flour. ]. W. Cathcart, Deputy Az
torney General, prosecuted the case. anc
IT, L. Kaulukou represented the defend
ant. The jury were as follows: Clinton
~. Hutchins, Jos. Lightfoot, Arthur
Covne, Milus w Parkhurst, VIM. NJ
Mahuka. F. B. Damon, F. 5. Lyman
Jr.. Thos p. Mossman, P. E. X
Strauch. Captain Isaiah Bray, Jos. Lien
tig and W. H. Smith.
notice and certificate of appeal il
the case of Jonathan Shaw, Tax Collect
or. VS.. Chas. W. Booth, was yesterda!
filed by the defendant in the First Cir
cult Court from the judgment of IN
Second Circuit Court given plaintiff 70
81, 653 rs.
Defendant in the case of Yee Wo vs.
Lam Zip yesterday filed a notice OF ap
peal to the First Circuit Court from IL
Judgment Of the Second Circuit for wa
| 81 in favor of plaintiff.
Return of summons was made by Iep
uty Sheriff John Fernandez yesterday !!
the case of David Kaolepano VS.. X L
Kalei, showing service upon the defend
! ant.
Return OF summons has also bee
made in the case Of Volcano Stables an
TRANSFORMATION Company VS.. Hayasf
and Y HAWAI-, showing service upo
the defendant.
DAVIES ESTATE.
In the matter of the estate of Thee
H Davies, the heirs yesterday filed
receipt acknowledging having receive
from It. r. Walker and F. M SwanZy
administrators the property due tRer
3 as set forth in the inventory previoust
D filed. with deductions according to M
proved accounts.
HIND VS.. WILDER S. S. co.