The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-11-03
JAMES /, BOYD MOVES
TO QUASH THE
VENIRE

James H. Boyd appeared in the first
circuit court this morning with his at
torney eX-Judge Humphreys, and be-
fore the Grand jury was sworn in the
lawyer made motion to quash the
venire and discharge the Jurors, fol-
lowing the motion up by a challenge
of the panel and array, on many
grounds. 1t was claimed that partially
had been exercised in the selection of
jurors and that the names had been
chosen and drawn illegally. After set
ting forth the arrest and commitment
of Boyd for embezzlement the motion
gave the following reasons why chal-
lenge to. the panel was interposed:
1T appears upon the face of said
pretended and so called open venire IA
cias, that the same is not in fact an
open Venire facias, but is in fact a
close venire facias, or order directed to
the High Sheriff of the Territory of Ha-
wall, or his deputy, commanding him to
summon the persons named therein to
serve as Grand jurors in this court.
Because, each, every and all the
persons named in said pretended and
so-called open venire facias for Grand
Jurors, were drawn from a list of fifty
names, which list was prepared and
selected by one p. Danson Kallett, Jr.,
deputy clerk of the judiciary depart
ment of the Territory of Hawaii; that
the said p. d. Kellett, Jr., did not
exercise fair, impartial and imperson-
al discretion in preparing the said list
of fifty names, but on the contrary did
exercise an unfair and partial discre-
ton in so doing and did delegate the
preparation and selection of a large
number of said names to one George
Lucas and one George Sea; that said
hellett did exercise an unfair and par
tial discretion in preparing said list
of fifty names in this, to-wit: said list
of fifty names was prepared and select
ed entirely from persons who reside
within the District of Honolulu, and
was not prepared and selected from the
body of the Island of Oahu, although
there are upwards of 800 persons duIy
qualified to serve as Grand Jurors re-
siding on the island of Oahu and with
out the district of Honolulu aforesaid;
that said Kellett did exercise an unfair
and partial discretion against the Ia
wa!ian race of which race the said
James II. Boyd is a member, in pre-
pairing and selecting said list Of names,
in this to-wit; said list contains the
names of only five members of the Ha-
Waiian race whereas there are on the
island pl Oahu and within the jurisGic-
uon OF this court, upwards of 1000 men,
bers of the Hawaiian race who pussess
all and every qualification required
by law for grand Jurors and members
of the Hawaiian race as qualified to
serve as Grand Jurors exceed the num-
bers of members of all other races COM
bined so qualified to serve az Grand
jurors.
Because the order of the Honorable
First Judge of this court directing the
said Kellett to prepare and select the
said list of fifty names was and is null
and void, for that under the laws of the
territory of Hawaii the duty of prepar-
ing the jury lists of the island of Oahu
is confined to the chief clerk of the
Supreme court for the island of oahu,
and to no other person, and that one
Henry Smith is such chief clerk and
was such chief when such list was pre-
pared as aforesaid, and not the said
Kellett, and said Henry Smith was in
the city of Honolulu performing the
duties of his said office when said list
was prepared and selected as aforesaid !
and for that the said order of the Hon |
orable first judge of this court changed |
and super-added to the qualifications |
prescribed for Grand jurors in Section |
SO of the Organic act of the Territory
of Hawaii, by directing said Kelett to |
prepare and select said list of fifty |
names from the 'list of registered |
voters and taxpayers of the Fourth |
and Fifth districts of the island of |
Oahu there being no such list re- |
quired to be made by law, and there be- |
ing no law in this Territory requiring a |
Grand juror to be either a voter or a |
taxpayer, and because neither under |
the Organic act nor under any other !
law of this Territory is taxpayer re- !