The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-15
ESTEE WAS
VERY BUSY
Peculiar Excuses
of the Federal
Jurors.
NEW PHASE OF
ASSAULT CASES
Bonds of Wallace and Mcdonald
Forfeited-Jurors Drawn by
Lot Only.

The opening day of the October ses
sion of the United States District Cour
yesterday was most interesting. Tn,
grand and petit juries were called ant
qualified, and the developments in th'
high sea cases were unusual if no
sensational.
Before the calling of the jury Assist
ant United States Attorney Dunno ask
ed that the names of the Federal pris
oners be called and that they enter ap
pearances as required by their bonds
The first name read was that of Cap.
tair Albert Wallace who responded
but the two succeeding names called
bJ Clerk Mailing brought no responses
Neither Captain Wallace nor Mate
Charles Mcdonald were in court, and
their attorney, Thos. Fitch, stated thai
they were in San Francisco, waiting to
have the cases set for hearing. lie
stated that they had been present in
court and waiting and urging that THEN
cases be heard, and had finally left up
OH the statement by Col. Baird that the
inforhationS were to be dismissed
Captain Baker, he further stated was
in San Francisco waiting to learn if
on the return trip. This defendant is
charged with misdemeanor," he con-
tinued, and it is not necessary for him
to appear inscourt personally. If his
bond be forfeited it would work not
only unnecessary hardship, but in view
of the statements made by the United
States Attorney, would be an act of bad
faith on the part of the United States. .
Mr.. Dunno who had previously moved
that the bonds of these two men be for
feited and bench warrants issued for
their arrest, repeated his motion at this
time, and insisted that such action be
taken. Judge Estee finally stated that
he would comply with the request but
hold the matter in allegiance, and hear
reasons for setting aside the forfeiture.
Later, at the morning session, Mr..
Fitch resumed his motion to have the
forfeiture set aside and made an offer
to appear upon record that the defend
ants were ready for trial upon the first
which he stated had never
been dismissed, according to the rec
ord. Judge Estee stated that he had
the men were held to await
the action of the grand jury, and not
upon information. The defendants at
torney stated that all he wished was
this his offer of being in court and
ready for trial be made a matter OF
record. Mr.. Dunno stated that he had
no objection and his statement that
the defendants were not present in per-
son was also made a matter of record
A hearing upon the motion to set
aside the forfeiture of bond was set for
Friday, by which time the oral state
ments must be put in writing by the
and then passed upon in
proper legal form by the court. The
cases of all these men will be consid-
cred in the mean time by the grand
Jury, and it is barely possible that that
body may make all such formalities I'M
necessary by not bringing in indict-
ments.
The attorney for the two seamen
asked that the order of forfeiture be-
postponed until he has had time to
with his clients, as he
stated that both were willing and ready
to come to Honolulu for trial. Mr..
Dunno would not agree to this how
ever, stating that the bonds called for
the appearance of the men in court yes
terday, and they should have been
here at that time.
Judge Estee stated that the court
could not wait the convenience of these
two men, and keep the jury waiting al
an expense of $75 day.
THE CASE OF ROONEY.
W. H. Rooney, the hackman charged
with obstructing the United States
mails, was also not in court when his
case was called, and his bond was de-
clared forfeited and a warrant issued
for his arrest. He was brought into
court during the afternoon, and upon
his statement that he had not known
that his presence was required, the
forfeiture of bond was set aside, and
the prisoner was released to appear
again this morning.
GRAND JURY CALLED.
The clerk then proceeded to call the
Grand Jury, following which Judge
EStee listened to excuses from thoSe
who had any to present. n. H. Amy.
who failed to respond when his name
was called, was found later to be serv-
ing upon jury in Judge Gears court.
and an attachment which had been is
sued for linn was dismissed.
A. J. Campbell was found to be in
San Francisco, and had not been serv-
ed
When the name of James Mcqueen
was called and he did not respond,
Judge Estee stated that he had re-
ceived letter from the juryman. "A
note has been sent to the court" he
said, saying that Mcqueen is a poor
man and has six children, and that he
had gone to San Francisco to buy a
stock of goods. 1 don't think a man
can be poor with six children. and then
he says, too, he has gone to San Fran
cisco to buy goods. While we cant
reach him with an attachment. one
may be issued
All jurors We're required to be able
to understand and read and write the
English language before being quail
fed. Thomas Mcclure was excused
on his explanation that his child was
i'll with typhoid fever. and he had