The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-28
LONG TRIAL
ANTICIPATED
An Excused Juror
Let Go Two
Weeks.
The Civil Jury Calendar
Was Much Reduced
Yesterday.
Enterprise Mill Company Wins
From Pacific Mill Company.
Other Verdicts.

Late yesterday afternoon twelve jul
rors had passed for cause in the Jones
| murder case before Judge Gear Mr..
Robertson challenged Sol. Kealoewa
and A. A. Montana in turn, and, when
John Crowell was called and excused
| for fixed opinion and scruples against
capital punishment, Clerk Sims an
| nounced that the list of jurors sum-
| moned was exhausted.
| The court consulted counsel as to
how many new jurors should be sum-
moned under a special venire.
| Attorney General Andrews suggest
| that would not be a sufficient number,
| as there would probably be fifty per
cent of those called who would fail to
| pass for cause.
Judge Gear directed the clerk to
draw forty-eight names out of the jury
list box and deposit them in the trial
jury box. The names were read out
as drawn but Mr.. Robertson objected
to their publication until summoned
1t appears that when the previous list
drawn had been published in the Ad-
vertiser a number of those named
got out of town before the officer could
summon them.
The defendant has ten more challen-
ges within his right to exercise, while
the Territory has the privilege of chal-
longing six jurors. For every one ex-
cused peremptorily it may take from
one to an indefinite number of men to
be examined for cause of excuse before
the vacancy is filed.
After the drawing of the names for
the special venire the jurors present
were excused until $3.50 Monday morn
ing.
When Mr. Montana was retiring he
asked for how long he would be ex-
cused, and Judge Gear answered two
weeks. This might be taken as the
courts estimate of the length of the
trial in hand.
One juror under examination said he
never read the papers, either English
or his own Hawaiian. Another naive
ly confessed he believed what he read
in the papers, which the lawyers
thought funny, and the juror clinched
| his profession of faith by saying, that
| if Jones did not shoot Mrs. Parmenter
| the paper would not have said it.
CIVIL JURY TRIALS.
The debt suit of Enterprise Mill Co.,
| Ltd, VS.. Pacific Mill Co., Ltd, with
| Hawaiian Engineering and Construc-
| ton Co, Ltd, and P. L. Weaver, trus-
| tee, and First National Bank of Ha-
| wall, garnishee, was tried before Judge
De Bolt yesterday morning. Hatch &
| Ballou for plaintiffs, Robertson & Will
der for defendants and garnishees. A
continuance asked by defendants was
| denied. Default was entered against
the Construction Co. and Weaver, gar
nishees, an objection by defendants be-
ing overruled. The following jurors
were found satisfactory as drawn: /.
Livingston, Charles E. Frasher.
Charles Butzke, II. Meek, E. E. Moss
man, w. H. Thornton, E. H. F. VOL
ter, P. M. Lucas, J. L. Cockett, Isaac
Adams, e. McCorriston and George
CIPHER. The court, after both sides
had rested, directed the jury to find a
verdict for plaintiff in $3.50 for rents
and $279.15 for taxes, total of $1029. 10
which they did without leaving their
seats. Defendants excepted to the YER
dict and gave notice of motion for a
new trial.
Sing Chan Co. VS.. Shun Lung Yuen
Ku, assumpsit, came up for trial be-
fore Judge De Bolt in the afternoon
Thayer & Hemenway for plaintiff; E
A. Douthitt for defendant. The follow
ing jury were found satisfactory as
drawn: B. Guerrero, John Kuaana
Chas. Butzke, W. H. Thornton, Geo
CIPHER, 1. Livingston, e. McCorriston
| Isaac Noar, P. M. Lucas, 2. E. Moss
man, E. H. F. Wolter and H. Meek. A
verdict was returned for the defendant
the plaintiff noting exceptions and Civ
ing notice of motion for new trial.
w. C. Parke vs. John w. Cathcart
was the next case called. w. A. Whit
ing and c. F. Clemens for plaintiff
defendant in person. A continuance
asked on the ground of the absence
of c. c. Biting, attorney for defend
ant, was denied. With but two ex-
cuses the following jurors were found
satisfactory: Jas. A. Aud, E. r
Adams, Chas. E. Frasher, Geo. CIPHER
I. Livingston, P. NJ. Lucas, John Kua.
, ana, Isaac Adams, H. Meek, E. E
Mossman, Ben. Guerrero and E. Nc
Corrfston. The trial started and at
p. m. was continued till Monday.
Il The trial of Alien w. T. Bottomley
trustee, VS.. Lam Fol was concluded be.
fore Judge Robinson yesterday after.
noon with verdict for the defendant
, Exceptions We're taken and notice Of
motion for a new trial was given by
the plaintiff.
JUDGMENTS ENTERED.
Judge GearNsigned an order directing
} the executors OF the estate of E. c.
Macfarlane, deceased. to liquidate and
close the entire interest of decedent in
the copartnership known as the Puuloa
Sheep and Ranch Company and tc
that end sell the property at public
auction with no bid less than $500