The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-11-03

quired to vote; and for that under the
Organic act a Grand juror is required
to 'understandly speak, read and write
| the English language while neither a
voter nor taxpayer Is required to
Understandings Cor at alD read speak
and write the English language; and
| for that under said order both voters
and Taxpayers of the island of Oahu, in
all respects duly qualified to serve as
Grand jurors in this Honorable Court,
are excluded from serving as such I'M
less their names appear upon a purely
arbitrary list of registered voters and
taxpayers of the Fourth and Fifth Dis
| tricts of the island of Oahu the pre-
paration OF which list, If prepared at all
Is a piece of unofficial, personal and
private enterprise, in no wise impressed
! with the requirements or sanction Of
law.
Because the persons named in the
I SAID pretended and so-called open We
nire facias for Grand Jurors We're Drawn
by the said Kellett from a lis. rf Nifty
| names prepared and selected by him,
whereas, under the law Of the land it IS
| he duty Of the clerk of the Supreme
| court to draw the names of such per-
sons as may be required for service as
! Grand jurors on the island of Oahu. an
! S2id kellctt is not and was not when
SAID names were drawn as aforesaid the
! clerk of the Supreme Court but che
Henry smith was and is such clerk, ana
was in the city of Honolul when said
names were drawn by said Kellett az
! aforesaid.
Because the said Kellett drew the
persons ramed in said pretended Inl
sO-called open venire facias for Grand
! Jurors, from a list of fifty Grand jurors
for the island of oahu, are required to
] -, 4, 4
! persons, prepared by the clerk Of the
! supreme Court.
And because the said order of the
Honorable First Judge of this court
| and the said unfair and partial conduct
| of the said Kellett in the preparation
| and selection of the said list of fifty
names, and the partial delegation on
the part of the said Kellett of the pre-
paration and selection of said list of
fifty names to said George Lucas and
| said George Sea as well as because of
| all the other matters and things set
forth in this motion, tend to the mani
fest wrong, Injury and oppression of
| the said James II. Boyd, now here in
his proper person, and violate his rights
and privileges under the Constitution
of the United States and particularly
under the 5th and 14th amendments to
the Constitution of the Unite States
q
Territory, and the laws of this Territory
he prays that this motion which is
based upon the minutes of the Honor
able First Judge of this court, a cer-
titled copy whereof are hereto attached
and made a part hereof, and upon said
pretended an so-called open venire ia
cias for Grand Jurors, may be sustained
and that said pretended and so-called
Iopen venire facias for Grand jurors may
| h.. I,.1.l
that the persons named therein and
summoned herein as Grand jurors be
discharged as such"
After reading the motion Humphreys
said that he did not want to argue it,
unless the court wished to hear argu-
ment. He had looked up the matters
and was convinced that the motion
should prevail, and would present au-
thorities if asked Deputy Attorney
General Cathcart said he didn't want
to argue and Judge De Bolt at once
denied the motion.
Humphreys then formally challenged
the panel and the challenge was denied
Judge De Bolt proceedings to swear in
the jurors and deliver his charge.
The full list of fifty names, from
which the "a jurors were drawn, under
the plan to which Humphreys objected
was as follows: Charles d. Chase, G..
H. Holt, T.. T. Winant, S. f.. Damon, r.
7. Peck, A. S. Cleghorn, J. Waterhouse
Godfrey Brown, G. w. Booth, ID. X.
Kaeo, j. c. Lane, A. f. Cooke, George
Dillingham;, Ho Fon, A. V. Peters, j. c..
Spencer, E. Henriques, George w. Farr,
NJ. l Silva, l.. X. Kentwell, Peter c.
Jones, Harry Armitage, S. NJ. Kanaka-
nui, John A. Baker e. II. f. VOTERS,
f. L. Lewis, w. II. Thronton, B. Guer-
zero, J. Shaw, c. A. Gait, A. w. Sea-
bury, c. B. Wilson, e. S. Cunha, c. ].
Fishel, NJ. A. PeiXoto, e. e. Mossman
w. G. King, L. r. Mederos, II. NJ. Won
Holt c. r. Collins, A. Gartenberg
Serene e. Bishop, J. o. Carter A. G.
Cunha, r. Ivers, e. A. Berndt, j. W.
| Robertson, j. j. Greene, w. A. Parma
lee, II. w. Wright.
AS a further and additional ground of
objection to the proceedings, ex-Judge
Humphreys brought up the question of
the right of more than one circuit Judge
of the first circuit to hold court at the
same time He said that the power of
the court of the first judicial circuit was
vested in three judges and not one, and
that the Honorable j. 7. De Bolt, sit
ting alone, had not right to swear in a
Grand jury, Judge w. j. Robinson be-
ing at the same time holding term This
point was also overruled. The ques-
ton is already before the Supreme court
and may soon be decided.
mi