The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-12-17

FOR DEFENDANTS TRIED BEFORE
HIM.
only one Conviction at His Last Term
Of Court-In Other Cases Juries In
structed to Acquit.

The Second Circuit Court presided
over by Judge Kalua, of Maui, is piling
up what is asserted to be a
very queer judicial record, and COM
plants of Maui citizens, as well as
of Honolulans, are plentiful. At the
term just ended Judge I&alua succeeded
in arousing great Indignation among
some jurors and i'm causing a disgusted
Assistant Attorney General to nolle
pros. in favor of Kamaka, against
whom were four charges of a most in
famous crime. The only convictions
we're on pleas of guilty.
Judge Kalua set aside one verdict on
The ground that the jurors had reached
their decision under influence of inn
proper motives. A motion for a new
trial was granted on this ground and
the jurors expressed themselves about
it very freely. The case was that of
Achew, found guilty Of selling liquor
without a license. When they found
themselves declared from the bench to
have been influenced by improper mo-
tives, some of the jurors swore that
they would never sit before Kalua
again, claiming that there was no evi-
dence to support such a ruling.
Eamaka, against whom We're four
charges of incest, was the lucky man
to get off by reason of a court rul-
ing. The first of the cases was
prosecuted. but when all the evidence
for the government was in, the court
granted a motion to strike it all out
With the first case thus taken out of
the jury's hands, Assistant Attorney
General Thayer came to the conclusion
that it was no use to proceed further,
and he withdrew prosecution in the
three other cases. Kamaka going free
after being four times indicted by a
Grand Jury for incest.
A verdict for the defendant was also
directed by the court in the case of one
Nose Panui, indicted for burglary. He
was an alleged midnight burglar, who
was found in the place where he was
ydeclared to be plying the criminal voCa-
ton, at about o'clock one morning.
He was actually caught by c. b. Olsen,
manager of the Lahaina store, in Oh
sens house, though he escaped physi-
cal detention at that time by jumping
out of a window Judge Kalua in
structed the jury to acquit on the mo-
ton of Panuis attorney on the ground
that it had not been proved he was in
the house with the intention of steal
ing.
Judge Kalua is declared to have said
on ,tH.s Lahaina wharf after the term
of court was over that the Japanese
who pleaded guilty had made fool of
nllnSelI DN uOlnS so, as, II ne mao
pleaded not guilty, he would have got
off.
1t is said by people in attendance at
the court that the reason for Judge
Kalua's conduct about which there is
so much talk and criticism, is that he
felt his dignity offended because the
Attorney General had not sent an older
practitioner to represent the govern
ment in the prosecution of the cases
on the criminal calendar.
When the evidence dgainst Kamaka
was all ruled out and his four cases
had been nolle pros, the court dis
charged him, at the same time telling
him not to commit his crime of incest
again
In All Choy ct ais charged with
gambling, the jury was instructed to
bring in a verdict for the defendants.
All in all six cases went to the jury and
three were taken out of the jurors s
hands by the court. The only defend
ants sentenced during the term were
men who pleaded guilty, and as to one
of these the court is quoted as saying
that the man was foolish to plead guilty
and that if he had pleaded not guilty
he would have got off.
After ALL" remarked a lawyer fami-
liar with the Maui court, "it is not so
surprising that George Davis was driv-
en- to drink at Wailuku."