The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-03-19
JUDGE IS MANDAMUSED
MUST vACATE AN ORDER OR
SHOW CAUSE.
w. T. Schmidt Seeks Vindication From
Humphreys Censure and Deprivation
of Pay-Frear Signs the Writ.

A mandamus has been issued by the
Supreme Court and was served on
Judge Humphreys this morning, order
ing MIN TO appear before the supreme
Court in banco next Thursday morning
at ~ clock to snow cause, II any he
has why he should not Vacate the or
der made by him as Circuit Judge de-
priving w. T. Schmidt of his JurCr' $
ices for the February term.
The order it is sought to have him
Wacate was made in connection with
The failure of the jury to cgree ca a
verdict in the case of Manu- tried for
assault with deadly weapon. The
case was tried March 1. 1t was given
to the jury at about o'clock. A little
later in the evening the jury, unable to
agree, came into court and asked for
further instructions. These were given
and the jury again retired, but were
still unable to agree. After being out
all night they came into court at 10
o'clock the next morning and the fore
man told the court they were unable
to agree. Judge Humphreys asked the
foreman how they stood, and the reply
was that they stood ten to two. There
upon Humphreys asked who the two
were and was told they were W. L.
Schmidt and G. K. Quinn. Judge Hum
phreys then told these two jurors that
the evidence was so plain there could
that they must be lacking in intelli-
gence. Those who heard the court
thought it a TRADE of eXcoriation.
Humphreys then dismissed the jury,
and ordered that these two whom he
had eXcoriated should be excused from
further duty for the term and forfeit
their pay for jury service.
Yesterday w. L. Schmidt by his at
torneys, Andrews, Andrade and Peters
filed a petition in the Supreme Court
for a mandamus ordering Humphreys
as Circuit Judge to vacate the order
!excusing them from duty for the term
and forfeiting their pay On the filing
of the petition Chief Justice Frear is
sued the writ commanding that the or
der be vacated, or that Humphreys
appear in the Supreme Court next
Thursday, to show cause why he should
not.
The petition sets out that the petit
toner w. T. Schmidt was duly sum-
moned and appeared as trial juror In
the circuit court for the February
term that he served and on February
10 and q brought in verdicts ano
causes in which he was serving; ano
the circumstances of the case thai
brought about the present proceeding
1t concludes as follows:
'"That the said A. S. Humphreys
Judge of said court did then and there
without cause and without right, an6
contrary to law and the rights of sale
jurors, w. T. Schmidt and c. K. Quinn
harshly and cruelty, reprimand sale
Jurors w. T. Schmidt and G. K. Quinn
and did then and there further order
that the said jurors should be excused
from further jury duty, and did ther
and there without cause, and withou
right, and contrary TO law and the
rights of said jurors, further order
that said jurors forfeit their per diem
fees as such jurors, for the February
term, 1901"
The order of the Supreme Court is as
follows:
Now therefore, it is hereby ordered
that a writ of mandamus issue, or
dering and directing the said A. s
Humphreys, First Judge of the Firs
Circuit Court, Territory of Hawaii, L
set aside and vacate the order made
by him, excluding the petitioner, w. L
Schmidt, from further jury duty ant
forfeiting his jury fees, as juror of thu
February Term, 1901, of the said F1rs
Circuit Court, of the Territory of Ha
wall, or to show cause, before thi
court in it's court room in the Jud!ciar!
building, at Honolulu, Island of oahu
Territory aforesaid on Thursday
March 81, 1901, why he should not d'
the same"
It is understood that Judge Hum
phreys will appear in court for himsel
in person and not by attorney.