The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-12
THE JURORS
MAY LAUGH
JoIIity in Gears
Court Is All
Right.


court and attorneys if need be The
unique ruling made during the
| trial of the case of John Kaiimaepehua
| 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. b. Renear. Dur
i 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
Il broke into laughter. The negro watch
i ed the Juror for some time, and then
II angrily called the attention OF the
i court to his actions. stating that sucn
h conduct on the part of the juror was
highly improper and prejudjcial to MS
II client He thought that the court
H should issue a restraining order and
compel the juror 20 stop laughing ana
listen to the evidence in calm ana
II dignified manner.
Judge Gear declined to make an or
der and held that jurors had perfect
Il right to 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 in the case
were responsible for the merrlment' ana
! advised the negro not TO break OH any
more bon mots If he did not wish the
iurymen to be affected by them. In
conclusion he stated that both the Jur-
ors, the court and attorneys were at
perfect liberty to laugh in court, and
that he would not interfere with such
a prerogafive while he was on the
! bench. The negro thereupon suoslded.
The assault case was on trial all day,
l the arguments closing about four
o'clock The jury was instructed and
; retired Immediately, and within half an
] hour reported an agreement, Verdlct
of guilty as to Kalimaepehua, and an
| acouittal as to the other three defend
ants The defense put up by the ma
tive boys was unique. They claimed
I that Kalimaepehua, who is a truant Of
| ficer went to the home of the Chinese
1 | 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 SEN
tence Immediately after the verdict was
b 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
sault upon a Chinese boy, was fined
: $1,000 by Judge Gear yesterday morning
In making a plea in his behalf his at
torney called attention to the youth,
Responsibility and general good char
|, acter of the defendant, pleading for a
Z 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
5 il to that of George Wade, and said
that Davis had missed being in the
s same boat with Wade by only one-siX-
teenth of an inch. by which margin the
{ bullet had missed the Chinese boy s
{ 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 criminally
81
under the influence of liquor. The fine
was paid.
GRAND JURY REPORTS
The grand jury made a partial report
yesterday afternoon finding ten true bills
and ignoring the same number All the
offenders but two under arrest, ard
, bench warrants We're issued for those at
large.
The indictments Were 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 its sessions in the old throne room n
the capitol building. Carpenters are to
begin work tomorrow on the improve
ments in the Judiciary building. and they
, will first start Justice Galbraith's
! chambers. For that reason the legisla-
tive hall where the fire commission later
held its sessions, has been turneI over
to the grand jury. Judge Gear thanked
the jurymen for their rapid work. and
said he hoped that the law would soon
be changed by the legislature. so that
there would be need to take I'D the
time of so many business men in hearing
such petty cases.
BEFORE JUDGE HUMPHREYS
Judge Humphreys occupied with
I the case of Palua Malina VS.. W. II.
Z HoogS, administrator estate of +. V. Ey-
5 erett an action in assumpsit to recover
$40 which plaintiff claimed from de-
PENDANTS estate as wages due her at the
rate of $40 per month for housekeeping.
4 The defense was that the contract, if
: contract there was, involved an immoral
stipulation and consequently it was of
no effect. The arguments were conciuG-
ed at > o'clock and the jury instructed
} and retired Immediately. At $50 the jury
; reported a verdict for defendant. The
= following was the jury: E D. Holt,
. / Noar. W. c. Crook Jr.. D. Hakuole,
w. J. Ordway. ]. NJ. Homan. w. F. Sa-
bin. II. H Simpson. NJ r. Houghtailing.
] H Drew, w. +. Devereaux, and Chas-
G.. Spencer.
SUGAR BONDS AGAIN.
Geo r. Carter. guardian of II. II. p.
Garter and Grace Carter. filed his sixth
: iannual account yesterday II Judge
; FIumphreys follows out his former ruling