The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-02-14
THE JURORS
MAY LAUGH
JoIlity in Gears
Court Is All
Right.


that merriment may extend also 90
court and attorneys u need be. The
unique ruling was made during the
trial Of the case Of John Kalimaepehua
and others. and the decision was given
upon a protest from a negro lawyer
against the actions Of one Of the jurors
hearing the case--D. u. Renear Dur
ing the examination Of one OF the Wit
nesses by the negro, Renear began
smiling rather broadly. at something /
and as the examination continued, ne /
broke into laughter. The negro watch
I'd the Juror for some time, and then
angrlly called the attention Of the
court to his actions, stating that such
conduct on the part of the Juror was
highly improper and prejudicial to his
client He thought that the court
should issue a restraining order and
compel the juror % stop laughing and
listen TO the evidence in a calm and
dignified manner
Judge Gear declined to make an or
der and held that jurors had "A perfect
right 10 laugh or conduct themselves
as they deemed proper, as long as IT did
not interfere with the dignity of the
court. He suggested that perhaps the
witticisms Of the attorneys i'm the case
were responsible for the merriment, and
advised the negro not TO break off any
more bon mots II he did not wish the
jurymen 10 be affected by them. In
conclusion he stated that both the jur-
ors. the court and attorneys We're at
perfect liberty to laugh in court, and
that he would not interfere with such
prerogative while he was on the
bench. The negro thereupon subsidized.
The assault case was on trial all day,
the arguments closing about four
o'clock. The jury was instructed and
retired Immediately, and within half an
GJur reported an agreement, a verdict
II guilty as to Kal!maepehua, and an
acquittal as to the other three defend
ants. The defense put up by the ma
tive boys was unique. They claimed
that Kalimaepehua, who Is truant Of
ficer went 10 the home of the Chinese
and tried TO compel him TO stop work
ing on Sunday. The other three de-
PENDANTS accompanied him, and they
testified that they were set upon by a
second Chinese and in the melee this
man struck the prosecuting witness,
with the end OF a hoe handle, knock
ing him senseless.
Judge Gear started to impose sem
tence Immediately after the verdict was
brought in, "Tammany" Stewart plead
ing for only a money sentence, which
the court refused to consider. The
sentence was finally postponed until
this morning.
DAVIS HEAVILY FINED.
William Davis. found guilty of as
saut upon Chinese boy was fined
$1,000 by Judge Gear yesterday morning.
In making plea in his behalf his at
torney called attention to the youth,
responsibility and general good char
acter OF the defendant, pleading for "A
light fine, which. he said, must fall
upon the father, who was not rich. The
court imposed a fine of $1,000, adding
that he did not deem it right for the
penalty to fall upon the father. but he
had no other recourse. He referred to
the gravity Of the offense. comparing
1t to that of George Wade, and said
that Davis had missed being in the
same boat with Wade by only one-six
teenth of an inch, by which margin the
bullet had missed the Chinese boys
heart. He said that the boys station
In life could not be put forward as "A
ground for light sentence, and that the
Hawaiian boys, though not crimnally
inclined, must exercise more care when
under the influence Of liquor. The fine
was paid
y GRAND JURY REPORTS.
The grand jury made a partial report
yesterday afternoon finding ten true bills
tnd ignoring the same number. All the
'.ffendsrs but two are under arrest. and
bench warrants were issued for those at
large.
The indictments We're all for petty of
fenses-assault and larceny-and the de-
PENDANTS will be arraigned in court this
morning.
The grand jury will today begin hold
Ing It's sessions In the old throne room N
the capitol building. Carpenters are 10
begin work tomorrow on the improve
ments In the judiciary building. and they
Will first start on Justice Galbraith's
chambers. For that reason the legisla-
tive hall, where the fire commission later
held Its sessions, has been turnel oyer
10 the grand jury. Judge Gear thanked
the turymen for their rapid work. and
said he hoped that the law would soon
be changed by the legislature. 80 that
there would be no need to take 10 the
lime of so many business men In hearing
such petty cases.
BEFORE JUDGE HUMPHREYS.
hldge Humphreys was occupied with
the case OF Palua Malina vs.. w. H.
Hogs, administrator estate of Il. V. Ev.
erett, an action in assumpsit to recover
500 which plaintiff claimed from de-
PENDANTS estate as wages due her at the
rate of $40 per month for Housekeeping
The defense was that the contract. II
contract there was, Involved an immoral
stipulation and consequently It was OF
no effect. The arguments were conciul'
ed at o'clock and the jury instructed
and retired Immediately Al $3.50 the Jury
reported verdict for defendant. Tn,
following was the jury; T. ID. Holt
]. Noar. w. c. Crook Jr., ID. Hakuole
W. j. Ordway, ]. NJ. Homan, W. i. Sa
bin, II. ~. simpson, NJ, II. Houghtailing
j. ~ Drew, w. Il. Deyereaux, and Chas
q. Spencer.
SUGAR BONDS AGAIN.
Geo. r. Carter, guardian of II. II. y
Carter and Grace Carter, filed his SIKH
annual account yesterday. II Judg,
Humphreys follows out his former ruilnl
large part OF the investments OF thu
estate win be disapproyed. The propert,