The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-02-22
MANY NEW
CASES.
ucrom wednesdays paiyJ

The First Circuit Judge viii hear
the Edwin S. gill assault case.
lie stated In omen court yester-
| day morning, after the defendant had
! filed his plea In abatement. that he
was bound under oath Of office 10 sd
minister justice irrespective OF per
/ sons. Hts statement was brought
| about by the word "critlclsm' which
sprang up In a statement OF the couh-
,eI Tor the prosecution. Lawyer
nankey, for the indicted editor de-
sir,d mat Instead Of his lent enteIi'x
ms p.pa that he be allowed to nle
! Plea la abateue.t. ahd asked u"th '"p
/ morning to determine what actloh w
take with reference to the pea. when
Was grauteu by the Jud-e.
line pea Do.et' ~ - ''.S psiso''"e' w
the LIa.u JUis N..'Lh o'N~s.'' ti-s az
a.IL...S..t ..aI.st Ola lui his usau'y as
sau.l uyJ.. 4loI ti,.,CT !. SteN 80, i'
.n,,t IL wds lnIJL...cieu ~ '"e iAish
surritf whom ue bag - biased Wy
.easuu OF AIS being the prosecuting al
lurIley Ia the D.sLrlCt Court. ana, fur-
,ner, that the JuIy was ura"n unIy
from residents oI tionoiu.u Instead oI
from the whole Island OF oahu, which
~ III VIC JuhANiet 49,
Circuit Court
In granting the request to hear arxu-
ment upon the pea, the Circuit Judge
said:
- will say ] am dslnclned to hear
argument in this matter. The plea In
abatement Is vital. The moment the
defendant was indicted the jurisdiction
OF the court attached. Defendant had
a right TO have the Circuit Court NIX
his bond There was no other judge
save the now presiding judge OF TINS
court before whom the matter could
be heard and the request of the de-
PENDANT that his bond be fixed imposed
upon this court a duty that 1t could
not shirk. | have made an examina-
ton of the law bearing upon my quail
ficatiors To sit in this case, and ] ara
satisfied there is no legal and no tech
meal dispua ification to my hearing the
case or any part of the case that may
arise. There is question of de'icacy,
a~d considerations Of that sort are
Nuch that n, Judge always has the right
, 70 detcrmion tho~1 for himself I'D w."
10 not accountable to any one except
his own 60 IT propriety and the nj
css Ct things.
IF persona friendship should keep a
Judge from trying his personal friend.
then his enemies would have an equal
right to argue that personal enmity
should keep Judge from trying them,
and the result would be that judge
could only try such persons as We're
Strangers to him. IN a community OF
this sort that would be iNpracticab
II do not intend out of Difference to
public sentiment, or out OF aference
TO any element in this community. to
shirk any duty imposed upon me by
my oath OF Office, and II II beco~es
necessary. I will try this case. That
necessity has not yet presented itself
49, . Chon 40 hAn
case.
/ Under the Constitution of the United
] states the defendant in a criminal
case has the right to speedy trial.
A man cannot be kept with an indict-
ment hanging over him, cloud'ng his
good name, affecting his credit and
standing and position in the com
munity and in society. He has the
right to be tried; right to have the
charge determined by a jury of the
country. That Is an absolute constitu-
with n crime has While the right to
a speedy trial is accorded by the Con-
| stitution, yet that does not necessarily
mean an immediate trial. 1t means a
trial with such speed as may be con-
| sistent with the highest public good,
and with the necessities and require
ments OF the particular case.
II do not believe the defendant In
this case will be affected In his con-
stltutional rights and privileges IL this
case is not heard at this term of court.
There will be another term or this
court in three months. and the proba-
hlities are that by that time there win
be appointed a Second Circuit Judge
who will not be affected by any CON
slderatihns such as present themselves
to the mind OF this court. Unless
some good reason is shown by either
D H.. 81. r
, case should be heard at this term Of
court, the court will, at some later
day, order the case continued for the
term
Lorrln Andrews. who Is assisting In
the prosecution of GIL arose to state
that the matter involved mary Iu-
portart questions OF law and the
mcthod az calling Grad Jury to-
Sether. and he thought It VIZ very
'mp"r-art that sneedy decision
shou'4 be reached He considered II
ne duty Of the court 20 order II for
he nuhic good AID tho intarests ~
he Territory, rs II might involve al
the inGictmerts r'sd nv the Grad
IVY II Not speedily disnoSed Of He
va not think any ONE could criticiSs
his case or Any 'feel'"ss Of dal'cacv
Thou'd interve~o IN such case rs
thN iud"" could chly decide It upon
No'-ts ~ law
The Circuit .rude- II raSporse 10 MI
,rrrews' statement said.
''n view Or tr~ rNousst made bv the
DNnutv Attrr~sv Ta-eral a-1 pri", r.
COUNSEL nss'"tinr tho nroc"ru'iu- iris
court wiz rak" IN 'No n'en 10 ahats.
'Nent tomorrow mounting IN His rs.
r'a~ts rOurs~' MAO s0.--~ -o-r~N'- -
- c''''"'1'~. Two count w'ehes II I'M
Fo-~'NoS t'>~. :. - -~t r~.- 1r.~,J.. " .Nts
cNurt ~ n"~'1 0''N't~ - -,~',-,.o c-'.I.
o'-'-, ', 10 vows 70 s.-cNo-~. rs rr,v
'~Ssr tie n,.N ~ NF-0a o-S - 10 JOI-s
/ 'NN' - i-"N'-s~ cH'''~i-r,, =. ".1n vow
ole NV herr ~ ~ o"N'i,. ,.-I.l~t~--, is N
90" t-~i th~ c~~-t .Ne. 4. -,-I--~. tue.
80 wor a7i@"-- -i-~ a. 49, t~a. ~
'~Os ~O' i''r~S - 80 rNIs ~~,,-. ,,'ti
t"a ~ 80 h''-'-N-~ - C~u".
without r~'a"""~~ - 0',,'t0 -,-'.t--o-t
~ o'i'Ic'S-'r ~ v''u ~. N..,, TO r-n-
~o~1t~~- t-T''e-e>A ..Ia'a.er 80 -~.S
"- rN~'r~''~l "" r't-n~s - -~,s.ks Nr
"i~~s y" 'Na. I--t-ihis ed r,-,,.san
. 'vlrbsto