The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-10

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 (Mr. Notleys statement has no
place before the Court-because it is
a question of the trial of this case.
The remarks however will be spread
on the stenographer's notes, and I will
have the whole of it written up. I
have instructed the Attorney Generals
department in regard to what occurred.
and to take such steps as they think
necessary. Certainly the administra-
ton of justice has been interfered with
in this case; the jurors have refused
to go on with it; a good many of the
jurors are quite mad about 1t 1 under
stand; and it seems to me if these
things continue the court had better
/ close up. Unless that paper and the
people who have charge of it are ready
to come out and insist that the franz
chfse be taken away from the Hawai-
! ians, they have to stop. If they are
ready to take that step and insist that
no Hawaians shall sit on juries in this
court; when the Jaw is amended so
they shall not, of course the Court will
not call jurors with the Hawaiians
among them; until they get legislation
changing that and placing Hawaians
beyond the rights of citizens, it seems
to me an article of that kind is the
most fragrant abuse of the rights of
the press that could be imagined, be-
cause it is certainly obstructing JUS
tice here in a way that only an article
of that kind could, that is after the
case has been tried all day. and the
jurors here and witnesses here, the
jurors refuse to go on, because they
fear if they brought in a verdict of
acquittal for instance, of the defend
ant, this Hawaiian, if the paper is
} consistent, they would make an open
charge they acquitted him because he
was an Hawaiian. AS 1 stated Mr..
: Notleys statement has nothing to do
: with this case with the jurors on this
: panel and on the further consideration
of this case. The matter now before
; the court is that individual jurors on
. the panel have stated they could not
! go into the jury room with as fair
and impartial mind as they would if
, such an article did not appear, because
l if they directly or Indirectly acquit
: an Hawaiian because he is an Hawai-
ian-any juror because he is an Ha-
: waiian-I think if l understand human
nature they would not, even if they
? had a reasonable doubt of his guilt find
l him guilty, because they would be sub
ject to the charge that the man was
: acquitted because he was an Hawaiian.
r AS long as Congress has given to Ha-
e waiians the same rights as the whites,
4 and they come under the Constitution
= as free and equal with the whites,
n just so long have they those rights.
LAST WORD FROM PETERS.
= Mr.. Peters: I appreciate the state
|. ment of your Honor; and for the adj
$ ninistration of Justice we must have
d a panel of jurors to sit on the jury
y without fear or favor or reward. But
o there are matters every day which do
n not come to your Honor's judicial no.
tice. A false statement such as was
made this morning to an outsider
= would have results absolutely contrary
to the statement ! made to Mr.. Motley
( and Mr. Boyd. That statement will
go into tomorrow mornings paper, and
. into this evenings paper; Mr.. Notley's
u statement will go in the paper and
!, |, mine will go in the paper. There are
l. people who know who / am and who
Il know who Mr. Motley is, and there are
I are people who know neither me nor
Mr. Motley, so that as far as I am
1 concerned it goes down to certain peo-
l pie in this community that I will not
y have a man on the jury for the reason
d that he has an aloha for the Hawai-
II ians. That is the statement made In
open court. Your Honor cannot find
( out what statements are made on the
{ street, when a juror is discharged from
d duty, or during the meetings of certain
persons on political lines, and these
{ statements would naturally become
known. / cannot help what comes to
>. the ears of the newspapers, but there
is one thing I can help, and that Is
when a deliberate falsehood is told be-
q fore your Honor, I can come before
= your Honor and contradict it. Fur
II Their than that T do not care to
y say anything about it. have
II endeavored to be kind and courteous,
{ and to be fair in every case that has
come before you but when statement
is made attacking my integrity as the
Is prosecuting attorney, and stating
lie deliberate falsehood before your Honor
It in the presence of others, then I can
2 come before the Court and make my
r. statement and what the newspaper
e itself or individual jurors have stated
t. II do not know If there is a feeling
t among the jurors they have peen
y sighted 1 regret it, or when the Court
e is hampered by a jury that feels that
t, it has been sighted. that is sincerely
is deplorable and I also regret that very
d much tt is only that this absolutely
" false statement was made TO your
p Honor that induced me to come before