The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-10-09

believe they VIII determine this case
according to the law and the evidence;
! ] always have been satisfied
Mr. Long Another question will
arise now, your Honor II there Is
anything about the rumor against the
defendant could they give him the
benefit of a doubt?
The Court. You don't need to argue
that question. because the jurors have
stated they could not act with the
same unbiased feeling in the same case
as they could before reading that ar
ticle. The defendant is an Hawaiian.
| Undoubtedly If the defendant would
be acquitted in view of what has al
ready come out in the paper, especially
in view of what the same newspaper
stated week ago Sunday which was
more sweeping than this statement
they would charge the acquittal to the
! fact that the jury was Hawaiian. The
court never takes personal notice of
what is stated in this paper or to the
court personally, but said paper a week
| ago Sunday stated that no Hawaiian,
lycsweepin uU(eaf.g, dethait, t9October
Hawaiian, and they put forward a pro-
| position as to who should be the regu-
| lar Jurors; l do not know what their
idea was; that is a jury to consist of
certain people to try cases right along.
Mr. Wise. l think the Advertiser
wanted the Advertiser gang to run the
Court l think it would suit them bet
ter.
The Court. They will not run this
court.
Mr.. Wise We know that your honor.
The Court: While undoubtedly the
Attorney Generals office is perfectly
satisfied with the jury. and the de-
PENDANTS counsel perfectly satisfied
with the jury, the matter is in posi-
ton now where this jury cannot go on.
1t has been brought TO the attention
of the court for the first time right
now. I saw the article but had no.
idea the jurors were going to speak
about it, though 1 cannot blame them
| for doing it. therefore call on the
Attorney General to take this matter
in hand. The court, of it's own initia-
! tive has had to do disagreeable things,
because it has been more maligned than
any court has been IN any land. but it
does not ct dill affect me; I consider
the source, but If courts of justice are
going to exist in this community, they
should be made to exist without such
attacks as that, or we cannot have
| justice.
Mr. Montana. Your Honor, I spoke
to the Attorney General, Mr.. Andrews,
! this morning, and he said it didn't
amount to anything, that it was only
| M +o1 I,,t I, TIL .
! impertinent to the Hawaiian nation
! and the Spanish nation.
The Court: 1t is not only right but
proper if the jurors feel that way for
them to say so, and it would be very
| improper for them to go ahead with
| the trial of this case it is not only in
| justice to themselves but to the com
munity. These jurors are here sworn
on their oaths to do their duty as
citizens, and unless the community at
| large or the community representing
| this paper are prepared now to insist
that Hawaiians should be DISTINGUISHED
and not allowed to be jurors, it is time
to put a stop to these proceedings.
(The Attorney General comes into
court) - Ir
The Court. Mr.. Attorney General,
in the case of the Territory VS.. Ka-
muela two of the jurors of their own
volition arose Prince David being one
and Mr.. Montana the other, and stated
! that an article appeared in the paper
| this morning on account of which they
felt they could not longer sit in this
case, that they thought their minds
would be Influenced in the jury-room
Chat is might be-, that the article was
an insult to the jury, and they so
stated to the court The court re-
marked that a week ago Sunday the
same paper contained a statement that
no Hawaiian could convict an Ha-
Waiian, and that a jury commission be
appointed in this Territory; and the
course of the paper has certainly at
this time tended to interfere with the
due administration of justice in this
case. You, Mr.. Attorney General, as
an officer, as the Territorial officer re-
presenting the Attorney Generals De-
partment, the burden comes on you to
take such steps as you may deem
| necessary.