The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-12
NEW POINT
IS RAISED
CanMiSdemeanors
Be Heard by
Jury.
GEAR SAYS SLEEP
IS NOT A CRlME
Senator Kahilina's Wife Gels No
Alimony-BaiIiff Ellis Has
Trouble With Juror.

Another new point was raised be-
fore Judge Robinson yesterday in the
trial of the case of Territory VS.. Chas.
AIalaia, charged with assault.
Judge Kaulukou, the defendants at
torney. moved to quash the Indictment
on the ground that the grand jury had
no right TO consider a misdemeanor.
as this is, and which is properly triable
before District magistrate. Mr..
Mathewman contended that the grand
jury was an arm of the Circuit Court
and that the Circuit Court had the
same jurisdiction as did the District
magistrate, consequently the indict-
ment was valid. Mr.. Douthitt argued
that Judge Humphreys had held in a
similar case that the grand jury had
power to hear misdemeanors. to which
statement Mr.. Kaulukou hotly objected
as being highly improper attempt to
influence the Courts opinion. Judge
Robinson took the matter under adj
visement, holding that while he at first
took the defendants view of the case.
he would postpone his decision until
this afternoon. AS the defendant has
three more charges of more serious
character pending against him, his re-
lease would be of little value.
TROUBLES or JURORS.
Crimp Mccarthy is being given a
second hearing for the assault he is
alleged to have committed upon Katie
Akai. Extreme difficulty was met in
securing a jury, as the twelve men who
heard the first case are disqualified,
and many of the remaining members
of the panel had already heard consid
cradle of the case.
During the examination OF jurors
Judge Gear held that sleepiness is not
a crime. and angered Attorney Biting
greatly thereby. When the name of G..
a. Long was called the iOungers at the
court room door burst into laughter.
and the cause for which was not dis
closed until Long came into the court
room rubbing his eyes. He had been
sleeping on a couch just outside the
court room, but Biting thought it was
something worse.
II object 10 a juror sitting in this
case in that condition" said Mr.. Bit
ting.
What condition." inquired the
court.
The condition he IS in" replied Bit
ting. anErny.
II can't see anything the matter with
Mr. Long" retorted the court. while the
juror looked wonleringly at the attor-
ney.
Then II the court pieases." continu-
q M. Biting. II challenge the juror
on the ground that he has just been
o.. 4 I
Is now in an inebriatcI condition"
Judge Gear gave the attorney per-
mission 70 question the juror on that
charge.
Have You not been drinking this
morning. Biting asked
Il have not" replied long.
Were You not just sleeping outside
the
You needn't answer that question"
interposed the court: sleeping isn't
crime in this court"
The court denied the challenge
The panel was exhausted long be-
fore the full jury was secured. and
talesmen were drawn from the by
ISLANDERS. Just after noon full jury
was secured. when II was discovered
that one Of the jurors wasn't n citizen
OF the Territory. and Bailift Ellis was
sent out into the street in search for
another talesman. There his troubles
began anew, and involved y. n. Cooley.
whose troubles are described elsewhere |
After Cooley had been sworn in as
jurywa0 be- went 20 the police station
and SWorc out n warrant charging
EHiEG Ellis with assault. The trial
Of Ellis is set for Thursday. The fol-
lowing Jurors aye hearing the NIuCa--
-ty case: Charles Motley. II. y
Cr7hhe. u. Hnsr.li. r. ID C.ckatt. Cnas. [
Spencer Charles O.. Spencer. Isaac
y Day. T.. =. En'-. James L. Aholn. q. .
y. Long. Joseph Richards, &. .. Cool .
sy.
The motion ~ ouasr the Indictment /
ON the ground o. previous jeopardy