The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-17
Mr.. KOHN
REPLIES
The Luckless Juror
Gives His
Side.
ATTACK ON
HIM UNJUST
Denies That He, Was Not Able to
View Pearl harbor Case
lmpartially.
Honolulu, Jan. Is, 1902.

EDITOR AdNeCtlSer-l ShO9lc appre-
ciate your courtesy If you would kind
ly allow me space to briefly answer the
rather sensational charges made
against me by Captain Pond and Dis
trict Attorney ]. ]. Dunno in connec-
ton with my services as juror in the
trial of the Pearl Harbor condemnation
proceedings.
L had the misfortune to be summon
ed ON that case on Wednesday even
ing. the 9Th instant, at about 1880
O'Clock. l had no desire or ambition to
be connected with the case and up to
that time had not been interested
enough in 1t to read the newspaper re-
ports even, of the proceedings. In view
POI my other business I was reluctant
to serve as a juror, but as 1 could not
evade the summons, much as l desir-
ed to. 1 appeared in Judge Estee's
court Wednesday noon and was sworn
as a juror to take the place of a Mr..
Prescott. who had become incapacitat-
ed through sickness. After being thor
oughly questioned by the attorneys for
both sides, / was accepted. In the
course OF my examination distinctly
answered that 1 knew of no reason
which would prevent me from serving
as juror, and giving a just and fair
consideration to the evidence produced
by either side. 1 answered fully and
truly every question put by both the
attorneys.
Mr.. Dunno. as 1 have since been in
formed, in examining the other jury
men, asked a number of them if they
had any business relations with either
of the attorneys. That question,
through design or forgetfulness on Mr..
Dunne'S part, was not asked me, but
if it had been 1 should certainly have
answered that / had formerly employ
ed Messrs. Hatch and Siliiman as my
attorneys in a certain equity case in
the Circuit Court. Their connection
with that case terminated, however,
several months ago, and L paid them
in full last September, 1 think, and
have their receipt. No business rela-
tons since then have existed between
rs, and did not at the time l was ac-
cepted as a juror in the Pearl Harbor
case, except n business friendship, the
same as i might say exists between
Mr.. Dunno and myself.
Referring to the statement that I did
not see the land in question, that seems
to me to be a question of law, and
do not care to discuss it. 1 only know
that at the trial the attorney for the
defendant made a request that 1, the
new juror, be allowed to go over the
land. but the judge would not permit
il, and IL seems TO me that If Mr..
Dunno had anything to say about that
matter. the proper time was when it
was up for discussion.
L understand from reading this
mornings Advertiser that Mr.. Dunno
and Captain Pond charge that 1 was
not impartial, but in fact was preju-
diced in favor of the defendant. 1 en-
phatically and without equivocation or
reservation of any kind state that if
either Mr.. Dunno or Captain Pond, or
any other person. made such a charge,
that 1 was partial or pre1udiced in
favor of either side, because of any
former business relations existing be-
tween the attorneys for the defendant
and myself, or for any other cause,
they are making statements that are
absolutely false in every particular,
and which are based only on their own
biased imaginations, and L can only
account for such statements on their
part because of the deep interest they
personally have in the matter as gov
eminent officials. but that interest does
not Justify them in rejecting as they
have done upon my honor and inteP-
rity 1 came to the courtroom prepared
to do my duty as Il juror, with no
prejudice for or against either party.
/ heard the evidence and believed my
self fully capable of basing my verdict
on that evidence alone, ana the IN
structions of the court. That the YER
dict of the jury was unsatisfactory to
the government officials does not justi-
f. them in their cowardly and con-
temptible attack on me, made, L sup
pose, for the purpose of bolstering up
their case.
As a juryman, / discussed the pros
and cons of the case with all of the
other jurors. and why 1 should be sim
gled out and my character assailed up
on an assumption absolutely untrue,
that the defendants attorneys were
my attorneys at the time of the trial,
beats me. Such an unwarrantable and
personal attack on me Is, to say the
least unmanly and ineXcusable.
Il have been a resident of these ISL
ands for the last four years, and up
to this time nothing rejecting on my
honesty or integrity has ever been
said, and my record in the business
here and in my former
home will speak for itself. I deeply
resent the insinuations that have been
made by Messrs. Pond and Dunno.
They are entirely uncalled for. unwar-
ranted and untruthful, and / thank you
in advance for this opportunity of
placing this matter before the public
in its true light. Yours very truly.
MILTON NJ. KOHN.