The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-04-16


slider Of its verdict about four O'Clock
p. m of the day last mentioned and.
not having reached verdict ND to
the hour Of ad tournueut. was locked
up over night In the Court room as.
owing 20 the number Of strangers in
the city, II vss impossible to obtain
accommodations for II at any Of the
hostelries. Upon the corvening of
Court the NEXT day March zndl az 10
O'Clock a. N the jury came into Court
and reported that IL was still unable
TO agree upon a verdict Thereupon
the Court asked the Juror who had act
ed as spokesman how the jury stood.
and. in response to such inquiry. vas
informed that the Jury stood ten to
two; the Court then requested the
names OF the two Jurors who were IN
able TO agree with their fellows. and
upon being informed that the dis
senting jurors were the movants here
in. Messrs. Schmidt and Quinn. pro-
ceeded to reprimand said jurors. and
ordered that they be discharged from
further service as jurors during the
term and that they forfeit their fees
as Jurors Heretofore earned The re-
naming Jurors were excused until the
next day and an order Of mistrial was
entered In said case.
After discharg ng the jurors Messrs-
Schmidt and Quinn. II appears that
the Court approved and signed the
Jury roll for the pay of jurors in at
tendance upon said term Of court,
including Messrs Schmidt and Quinn
The fees due all Of the jurors appear
ing on the roll were collected by the
Clerk of the Circuit Court OF the First
Circuit and were paid by him 10 all OF
the Jurors. except the two jurors above
named. to whom the Clerk refused
to make payment in view OF the or
der of the Court FORGETTING their fees.
II would seem that the action of
the trial court in signing the jury
roll. upon which were the names of
the movants, operated as revocation
Of its previous order in regard 10 the
forfeiture of the fees: but that was
not the view taken by the Clerk nor
BY counsel for movants. No applica-
ton was made to the trial Court for
an order directing the Clerk to pay
the fees earned to the jurors, but on
the 18th day of March, a d. 1901, the
juror Schmidt applied to the Honor
able Chief Justice of the Supreme
Court for a writ of mandamus direct
ing the Honorable A. S. Humphreys,
First Judge of the Circuit Court, to
set aside and vacate the order made
by him (sitting as Court in the trial
of said easel discharging the jurors
and FORGETTING their fees. Upon this
application an alternative writ of
mandamus was issued by the Honor
able Chief Justice, returnable before
the Court en- banc on the 21st day of
March. A. D. 1901. The respondent
demurred to the writ on eight separ-
ate grounds and this demurrer was
sustained and the alternative writ dis
missed on the three following
grounds:
ID Mandamus does not lie to COM
pei a reversal of an order of an in
ferior Court where such order is with
in the discretion of the Court, as
where a juror has been excused from
further duty; or, (2) where there is
another adequate remedy. as where
the Court has ordered a forfeiture Of
the jurors fees and the Clerk has af-
forwards. with the approval of the
Court, drawn them from the treasury
for the use of the juror: or. 60 where
demand has not previously been made
upon the Court or Judge.
The matter is now before me on the
motion of Messrs. Schmidt and Quinn
to direct the Clerk to pay to them
the fees earned by them respectively,
while attending the February Term
as trial jurors, collected by him and
now in his hands. II does not appear
from the record that either of the
movants herein were guilty of the
slightest misconduct in discharging
their Office as jurors in said case or
upon any other occasion during said
term. Manifestly to hold that juror
who differs with the Court. or with
majority of his fellow jurors as to
the credibility of witnesses or the
sufficiency of the evidence. is guilty
of such misconduct as will justify a
court in reprimanding him, peremp-
torily discharging him from further
duty as juror and imposing a fine up
on him. under the declaration of a
forfeiture of fees earned by continu-
Gus service during lengthy term of
Court, is to argue that jurors are to
become either the servile and obedient
creatures of the Court. or that they
are. when considering their verdict. |
to be dominated and controlled by a |
of their co-jurors. II this |
doctrine is to obtain. that independ- |
ence and free agency, which it is the |
policy of the law to encourage in the |
jury room will soon suffer apnihila- |
ton. and an institution which is now |
Justly esteemed the palladium of our |
liberties. shielding alike from the en-
croachment of power and from the |
frenzy of popular excitement and fury /
and inspiring a feeling of confidence
and security. wall be regarded with
ear and distru,t, or held in derision
md contempt: and trial by jury. now
10 revered and so sacred, so necessary
o liberty and good government. will
'ecome a snare and delusion. The F,
urors serving at the February Term
Il the First Circuit were, as shown
" the record. summoned on an open
'enire. The Court has greater power.
in regard to discharging jul
'ors so summoned. than il has in cases /
where they are drawn and summoned
inder the details of a statute
See People VS.. Murray. SIS Cal $50.
Where the jurors are brought in I'M
Ter an open venire, the Court has the
light to discharge them. or any of
hem. al any time. without giving any
eason for such discharge. and without