The Hawaiian gazette., 1903-10-13

1 "
state to your Honor that Deputy At
torney General Peters told me yester-
day the reason for me being challenged
on the panel was because | have such
an aloha to the Hawaiians. that |
would never find them guilty. l can
say for seventy-fve years since the
Caucasian race came to these Islands,
we find that the Hawaiian Jurors have
hung their own people. where the
Cacausian race have not hung one.
We have sought Justice and what is
right.
PETERS HEARD OF IT.
Deputy Attorney General +. C. Pc
tiers was not present In court when
Juror Motley quoted him as above
F., stated. When he heard OF the state
ment he hurried over from the Attor-
ney Generals office and, coming into
court, stated that he had been inform
ed of the version given by Mr.. Motley
| of conversation the previous day.
Mr.. Peters denounced the statement as
absolutely false and requested that the
stenographer take down what he was
| about to say, with the permission of
the Court, regarding the conversation.
| Following is the official report of the
rest of the proceedings, barring the
sub-heads:
Mr.. Peters: 7 desire to state to the
Court that yesterday afternoon, short
ly after-I think it was yesterday af-
ternoon-I was talking to Mr. Boyd.
1 was standing in the makai portion
of the corridor. near the door of your
Honor's courtroom; Mr.. Andrews and
Mr.. Fleming We're prosecuting before
he T
ing short recess from Judge Robin
sons court, in which I was assisting
Mr.. Andrade: / was talking to Mr.
Boyd and Mr. Motley and talked to
Mr.. Boyd about the Chiffon case. I"
Mr.. Boyd brought up the statement Of
Mr.. Andrews that had been made by
him in court on the return of the jury
and the entry of a mistrial in the case
of Territory of Hawaii against Levi
Daniels Mr. Motley was also taking
part t" the conversation; ] told Mr.
Motley that l would not have him on
any other jury in which I prosecuted.
said: Mr. Motley, 1 will be perfectly
frank with you; you are an Hawaiian
and naturally have an aloha for the
Hawaiians: there are Hawaiaus de-
PENDANTS here" I said: Every advan-
tage that the defendant has in a GRIM
inal case should be granted him: my
duty is simply that of prosecuting on
behalf of the Government: and I know
that there is certainly a feeling in fav-
or of an Hawaiian defendant: but for
that reason alone it would not excuse
a Hawaiian as juror; if you as an
Hawaiian did not entertain that feel
ing l could not understand you as an
Hawaiian" But | said: 81 will not
excuse you or any other man from the
jury who is an Hawaiian for the rea-
son that the defendant is an Hawaiian.
But you have stated Mr.. Motley, as
juror in a case here, that you would
not convict any Hawaiian, and any
man who would allow his prejudice to
overcome his reason shall not sit on
a jury in which / am prosecuting"
BRANDED AS FALSEHOOD.
The statement of Mr.. Motley that
would not have him for n juror for the
reason that he had aloha for the Ha-
waians is absolutely false; it is
branded as a falsehood on it's 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 a
juror, in the first case tried before your
Honor, tell people on the street that
II certain member of the jury was no
rood for the reason that he polled q
! erdict of guilty for the defendant in
/ tie case. who was n Hawaiian.
| My duties as prosecuting officer are
SIMPLE: | am supposed to come before
! tie court and prosecute the cases in a
lennl manner. If I do not prosecute
! tl,n in that manner I deserve the
ceisure of the Court and if I don't
dothat It is time to get out of the At
toney Generals department. I didn't
/ saNI would not have a man on jury
for the reason that he had an aloha
forthe Hawaiians, and I do not intend
to sand before this court charged with
the eXcusing of man for the reason
tha9he is an Hawaiian; charged with
a fllse statement by man of the
chancter of Mr.. Motley.
JUDGE GEARS REMARKS.
Thr Court: The matter came up this
morning, NJ" Peters, brought up by the
juror in the case, on account of what
was nut in the paper this morning,
and While all this statement of Mr..
Notleys is volunteered it has nothing
The Curt appreciates the Deputy At
torney Generals actions all the way
through. and the Court has nothing
to say against Mr., Peters; the Court,
howeve. thinks that the jurors this
morninfon the panel cannot be blam-
ed for ne stand they took, especially
In view If the articles which have APP
peared II the Advertiser. A week ago
Sunday hey put in a statement 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-the other
matter (Alr. Notley's statemenD has no
place before the Court-because 1t is
n question of the trial Of this case. |
The remarks, however WIN he spread |
on the stenographer's notes. and / will
have the whole OF it written up. l
have instructed tho Attorney Generals |
department in regard to what occurred, |
and to tike such steps as they think \