The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-30
GEAR MADE
A MISTAKE
He Should Not
HaveDischarged
the Jury
LAWYERS EXPRESS
THEIR OPINIONS
Court Says Even With Jury Porto
Ricans Could Mot Be
Tried.

The criminal calendar was called yes
terday morning by Judge Gear and IN
every case Deputy Attorney General
Cathcart moved for a continuance to
the November term, at which time it is
expected that a jury will be called.
The court will rule upon the appiica-
tions for a continuance this morning.
Nearly every attorney in Honolulu
was in the court room representing one
or more defendants and nearly all join
ed in objections to continuance on the
ground that the Constitution guaran-
teed to every man speedy trial "A
number of attorneys however attacked
the action of the court in discharging
the Jury called for the term claiming
that it was an error of law as the jury
should have been compelled to serve
! and that it was not the duty of the
! judge but of the government to pro-
vide for their pay.
| c. F. Reynolds who appeared for
George Ferris, charged with murder
! first objected to the continuance saying
he was ready for trial, and excepting to
the former order of Judge Gear dis
| charging the jury. He further asked
! that the court summon a special venire,
contending that the judiciary has moth
| ing to do with ways and means 20 carry
on the government. He objected fur
Their on the ground that no good reason
| for a continuance had been shown and
! that the defendant was entitled to a
/ fair and speedy trial.
| His sentiments were echoed by ka-
ulukou Stewart, Chillingworth,. Stanley,
! Mathewman, Brooks, Rawlins, Vivas
! and others.
Judge Dickey, who was appointed to
Fdefend a prisoner, contended that the
fact that the appropriation had been
| exhausted was no ground for con-
tinuance; that the statute gave the
court full power to impanel a jury
and that it had never been the custom
to pay jurors in advance. The claim
! for fees was he contended a valid claim
against the government and it was the
duty of the court to impanel a jury and
let the questions of fees be settled aft
erwards.
Cecil Brown, who was also appointed
to defend an indigo nt prisoner, said that
the court was in error in discharging
the panel, and that the pay of jurors
was a matter with which neither the
court nor the ACKNOWLEDGEMENTS De-
partment had anything to do.
Mr.. Cathcart asked only for continu-
ances until November and was asked
what reason he had for thinking there
would be money available at that time
The Acknowledgement replied that he
had hopes that the presiding judge
| would take a different view of his right
| to compel jurors to serve than that
! held by Gear.
! Gear replied that in any event the
/ Porto Rican cases could not be tried
because no Spanish interpreter could
/ be compelled to serve without pay, even
! though the courts could compel the
! Jurors to do so. The court continued
/ further saying he had sent the bills for
the Porto Rican interpreter to the
auditor and they had been returned
with a refusal to pay. and with no in
| terpreter the Porto Ricans could not
be tried.
Judge Gear intimated his intention
to release at least some of the defend
ants on their own recognizance- In
our conference with the Governor and
| Attorney General" said the court,
these two officials made the sugges-
ton that the defendants be allowed to
go on their own recognizance. 1t would
be a good idea to let them out of the
country as fast as they can go, it would
not only be a good thing for the Ter
ritory but saving to the govern
ment.'
Mr.. Cathcart objected to such release
particularly in the cases of Porto
Ricans, who he said were likely to
commit new crimes; and that none of
them would appear for trial if released.
In the case of Vowel charged with
manslaughter in the third degree he
agreed to a release on recognizance and
the court stated that the position of
the Attorney General was inconsistent
Mr. Cathcart replied that Yowels case
was entirely different, and there was
no danger of his leaving the country,
while the Porto Ricars were habituai
criminals. The discussion was finally
ended with the court reserving its opfn-
ion until this morning. In a number OF
cases at least, Judge Gear will order
the release of prisoners upon their own
!