The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-10-21
r1URDER CASE ON TRIAL
Alleged Slayer of Captain Jacobsen
In Court. Defendant Objects
TOsJapanese interpreter

from the Japanese language into a for
eign language, it Is necessary and es-
sential that the interpreter he thorough
ly familiar and canversant with the
habits, usages, customs, literature, his
tory and laws and religion of the peo-
pie OF Japan, the flora, fauna mineral
products and geography of the Empire
of japan, as aforesaid, as well as tho
roughly familiar with the provincial
and local customs of the uneducated
people Of Japan; that it is practically
impossible for a foreigner to acquire
such knowledge, other than by a long
residence in the various provinces of
Japan, supplemented by a careful study
of the dialects, accents, Vernacular,
idiOms, colloquialisms, provincialisms
and localisms of the language, together
with careful scrutiny and close study
of the habits, usages, customs, litera-
ture, history and laws and religion of
the people of Japan as well as the flora,
fauna, mineral products and geography
of the Empire of Japan; and careful
study and familiarity with the trend
of thought of the people of Japan"
In reply United States Attorney
Breckons stated that he would consent
to the appointment of an extra interpre-
ter to assist Tanbara to understand Ha-
kuole, if necessary. He offered several
afIidavits by himself. Deputy Marshal
Handy, Hekuole and others to the effect
that in many conversations Hakuole
and TaTr4ra had appeared to under
stand one another Hakuole's affidavit
also told of his education in Japanese
and English, and his experience in the
custom house and courts of Hawaii.
FINALLY" said Breckons, what has
just happened shows better than all the
affidavits that the motion for appoint
ment of a new interpreter should be
denied. The defendant has just sworn
to his affidavit that he doesn't under
stand HakuOle, through Hakuole."
Judge Estee said he had made in
quiries among the circuit judges re-
gardng the interpreters ability, and
had received very flattering accounts.
He overruled the motion, and refused to
order an extra interpreter.
On the examination of the first two
jurors it became evident that the ques-
ton of race was a stumbling block in
the way of getting jurors. would
you give to the defendants testimony If
he should take the stand the same ere
dence that you would to that of white
man under the same circumstances? ?"
was asked by Thompson of G. Haw-
ley. Judge Estee at first disallowed
the question, but finally allowed it, and
Hawley replied that he would not, and
was Immediately excused
you will not find an intelligent man
who will not answer the same" re-
marked Judge Estee, who also said
that he didn't think the question was
one legally allowable, though he had
allowed it when BreCkons showed him
self willing. The question promises to
cause great difficulty in selection of a
jury.
The first twelve men called to the box
were f. w. Beardslee, William Bucha-
nan, w. f. Dillingham;, f. II. Kilby, c.
II. Brown, Andrew Chalmers j. NJ
Camara, John NJ. Davis, w. III. Wilkin-
son, c. Hustace, w. f. Sabin and w. 7
Smith. Beardslee was excused at once,
on account of obligations to capital
punishment and George Hawley was
called in his place.
Before adjourmng at noon the court
ordered Marshal Hendry to summon
twenty more citizens to appear In
court at o'clock this afternoon as
trial jurors. 1t became evident that
the twenty-five with which the court
began was not enough, as only three
were passed during the entire morn
ing. e. b. Friel, z. II. Hughes and NJ
w. Wilkinson We're passed as far as
challenges for cause are concerned
The defense is allowed 20 peremptory
challenges, however, and the prosecu
ton five. Buchanan, Bannister anC
Giles were excused on account of haV'
ing formed opinions, Camara objected
to capital punishment and Chalmers
was not ready to give a Japanese wit
ness the came credence he would Siy'
a white witness.
The following additional jurors wer
summoned by Marshal Hendry durinI
thenoon hour, and appeared in the cour
this afternoon, for the Tanbara case
Paul Smith James II. MCKeague, j. j
Macdonald, w. w. Newlands, F. {
AthertOn, r. b. Du Bose G. E, Moss
man, w. p. Foster, c. V. Sturtevant, j
H. Hare j. II. McGrew, IL. c. Morton
h. l.. Scott, c. A. Macintosh, c. II
Atherton, A. b. Arleigh, E. IL. Paris, r
w Spalding, j. p. Whine.
j. S. Andrade was excused because h
had formed an opinion from havin
read the newspapers, and did not thin
that he could give fair and impartia
E trial. George Roenitz, j. II. Kilby an
r w. f. Sabin We're passed without chal
) lenges for cause.
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