Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-10-10

did not entertain that feeling could
not understand you as a Hawaiian. But
I said: will not excuse you or any
other man from the jury who is Ha'
waiian for the reason that the defend.
ant is a Hawaiian. But you have stat.
ed, Mr.. Motley, as a Juror in a case
here, that you would not convict any
Hawaiian, and any man who would al.
low his prejudice to overcome his rea,
son shall not sit on jury in which ]
am prosecuting.
The statement of Mr. Motley that |
would not have him for Juror for the
reason that he had an aloha for the
Hawaiians is absolutely false: 1t g
branded as a falsehood on its face; and
can corroborate my statement which
make before this court, by Mr.. Boyd,
who was there at the time; and can
further corroborate my statement
about Mr.. Motley in that he did, as
Juror in the first case tried before
Your Honor, tell people on the street
that a certain member of the jury was
no good for the reason that he pollcJ
a verdict OF guilty for the defendant In
the case. who was a Hawaiian.
My duties as prosecuting officer
are simple; am supposed to come be.
fore the court and prosecute the cases
in legal manner. II | do not prose.
cute then in that manner | deserve
the censure of the Court; and II don't
do that II Is time to get out Of the At.
torney Generals Department. | didn't
say would not have a man on a jury
for the reason that he had an aloha
for the Hawaiians, and do not intend
to stand before this court charged
with the eycusing of man for the rca.
son that he is a Hawaiian; charged
with false statement by man Of the
character of Mr.. Motley.
The Court: The matter came up
this morning Mr.. Peters, brought up
by the jurors in the case, on account
of what was put IN the paper this
morning, and while all this statement
of Mr.. Notley's is volunteered 1t has
nothing to do with the matter before
the Court. The Court appreciates the
Deputy Attorney Generals actions all
the way through. and the Court has
nothing to say against Mr.. Peters: the
Court, however, thinks that the jurors
this morning on the panel cannot be
blamed for the stand they took, espe
cially in view OF the articles which
have appeared in the Advertiser. A
week ago Sunday they put in state
ment that no Hawaiian would convict
another Hawaiian, and that is followed
this morning by the statement they
had in there about drawing the color
line. do not blame the jurors-thC
other matter (Mr. Notley's statement
has no place before the Court-becaus'
II is a question of the trial in this
case. The remarks, however, will b.
spread on the stenographers notes
and will have the whole of II writer
up. I have instructed the Attorne!
Generals Department In regard e
what occurred, and to take such step
as they think necessary. Certainly tn,
administration of justice has been in
terfered with in this case: the juror
have refused to go on with IT,; a goot
many Of the Jurors are quite mad abou
It, understand and 1t seems to M
II these things continue the Court ha,
better close up. Unless that paper an
the people who have charge of 1t al
ready to come out and insist that tn
franchise be taken away from the Ha
waiians, they have to stop. If the,
are ready to take that step and insis
that no Hawaiians shall sit on juries II
this court; when the law Is amendc'
so they shall not, of course the Cour
will not call jurors with the Hawaiian
among them; until they get Legislation
changing that and placing Hawaiian
beyond the rights of citizens, II seem
to me an article OF that kind Is IN
press that could be imagined, becaus
It is certainly obstructing justice her
In way that only an article Of tina
kind could, that is after the case ha
been tried all day. and the jurors her
and witnesses here, the jurors refus
to go on, because they fear II the
brought in a verdict of acquittal, 70
instance, of the defendant. this Hl
waiian, II the paper is consistent, the
, would make an open charge that the
acquitted him because he was a Hi
: waiian. AS | stated. Mr.. Notley's stat,
ment has nothing to do with this cas-
with the Jurors on this panel, and o
| the further consideration of this cast
The matter now before the court
. that individual Jurors on the pane
/ have stated they could not go into tn