The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-08-05
His Appeal Fails
In Supreme
Court.
Unanimous Opinion That
Ills Conviction
Was Legal.
Liquor in Jury Room Discussed.
Slayer OF Watson Had a
Fair Trial.

George z. Ferris, alias Kentucky Bill
has had his fate decided-at least by
the Territorial courts-in a unanimous
opinion OF the Supreme Court handed
down yesterday. 1t is adverse to him.
Ills exceptions to conviction and SEN
tence for murder are overruled and
the verdict Of the jury is held as not
having been contrary TO the evidence.
Ferris was sentenced last September
by Judge Gear to suffer the death
action in fixing the date for carrying
out the sentence. AS the decision OF
the appellate court is unanimous and
dIsposes OF the constitutional points
raised on behalf of Ferris with cita-
tions OF American authorities. it is i'm
possible that Ferris will be advised or
encouraged to take an appeal to Wash
ington. Besides, the necessary pre-
lIminary steps for such an appeal have
never been taken.
Justice Perry is author OF the opin-
ion, of which the syllabus is as follows:
LAW POINTS DECIDED.
A party who neglects to claim his
right Of challenge to the grand jury,
before they retire. valves II, although
he may be imprisoned at the time.
The right, II any. OF an accused to
have the assistance of counsel at the
impanelment of the grand jury, is
waived IL he neglects to claim IL, even
though imprisoned at the time
Where one who is detained in custody
awaiting action by the grand jury does
not notify the court that he is finan-
ciaIIy unable to employ counsel for his
defense and does not request the as
signment of counsel, IL is not error for
the court to fail TO make such assign
ment prior to the arraignment.
At the arraignment a deputy Of the
Attorney-General may read the indict-
ment.
IJpon a motion to discharge defend |
ant. made after plea OF not guilty, on |
the ground that he has not been duly |
arrafgned. one who. with the acquies- |
cence OF all concerned, acted at the |
term of court at which the indictment |
was presented as a deputy of the At /
torney-General must be presumed, IN |
tie absence of any showing to the con-
trary. to have been duly authorized 10 /
act in that capacity.
The use of intoxicating liquors by
members of the jury pending the tr1aI'
and before the final submission OF the
casa such LIQUOR having been furnish
ed by one of their own number VIII
not in the absence OF a showing that
1,rafudice to the defendant resulted
4herefrom. vftiate the verdict
a court of record may, even at SUD
seauent term, cause amendments 10 De
made. to the minutes of its proceedings
kept by the clerk. TO the end that the
same may conform to the actuai Iacts
and truth of the case.
Verdict held not contrary to the evil
CONSTITUTIONAL
.aThe defendant was convicted of the
offense OF murder in the first degree
and sentenced to death. The case comes
10 this court on thirty-One exceptions
the court says.
..1-pon the calling OF the first witness
for the prosecution the defendant OBJ
jected to the taking Of any testimony
and moved for direction to acdutt on
the grounds. Ca) that he had been de-
prived of the right. claimed TO be Sc
cured TO him by the Fourteenth
Amendment TO the Constitution. TO De
present at the impanelment Of the
grand jury which returned the indic'-
ment against him and also of the rish'' |
CONTINUED on page 3D.