The Hawaiian gazette., 1903-10-13
INTENT OF ADVERTISER
NEWS ITEM MISTAKEN
Jurymen are Offended Judge Gear Connects
With Former Acknowledgements
Finds Nothing Wrong but Headline.

sault and battery was resumed before
Judge Gear yesterday morning, the
proceedings were checked at the out
set by the objections of some OF the
Jurors to the notice the case hal re-
ceiyed in that days Advertiser. They
did not like the report of the tegin-
ming of the case, subheaded The
When the trial of Kamuela for as
Color Line" which read thus:
"Kamuela was put on trial for assault
and battery. Ella Long appeared for
defendant When his challenges had
been exercised, only one white man
was left on the jury. This was Carl
Willing"
When the Attorney General, who was
called in about the matter, failed to
admit seeing anything important II the
article, his attention was called 10
section of the heading of the entire
court report, which ran thus: Color
Line Drawn Empanelling a jury
COMPOSITION OF JURY.
The jury sworn the previous eysning
to try the case consisted of Sol Teolo-
eva, j. X. Clark, E. X. Rathbum, j.
p Makainai. Carl Willing, j. S. Low,
D. Kawananakoa, F. ]. Robello, !. Fl.
Wise, l.. P Fernandez, A. A. Moltano
and ]. L. Aholo.
Those excused before this jury was
found satisfactory were j. F. c. Abel.
L. r. A. Hart, J. H. Boyd and Ch,rles
Motley.
PRINCE DAVID COMPLAINS
Prince David Kawananakoa stated
the ball rolling, which caused 'us-
pension of the trial until Monday by
calling attention to the article in the
L.,
proper for a newspaper to commenton
a jury engaged in trying a case. md
although the case had gone lalf
through he felt his opinion was setted
and he could not sit longer on the Csc.
He thought the phrase "only one willie
man." was an insult to the rest of he
jury.
THE COURT SPEAKS.
Judge Gear was sorry to see he
course taken by the said newspaper,
and referred to an article in the SINE
paper a week ago last Sunday. witch
said no native jury ever convicted
native. and about which Il judge visit
ing with him commented. The curt
concluded:
Il cannot blame the Juror, nor he
jurors, for taking offense at the u-
tlCle. 1t SHOWS 10 WIFI ltlSiliS que |
newspaper will go when there is M |
body to restrain 1t. They would raj
this judge to account I suppose, but
this Judge did not draw the jury. TIL,
First Judge of the First Circuit Cour
drew all the jurors and the jury was:
drawn by chance or lot. The juria3
in the Hawaiian Islands almost conf
-sist mostly of Hawaiians, because of
their numerical numbers, and for anyl
newspaper to make comments such AS
are made shows a want of intelligence,
politically at least, that you would not
expect from that source.
This matter having been brought up
by one of the jurors, it seems to me
proper for the Attorney Generals De-
partment to take cognizance of the
fact"
MIR. FLEMING CONCILIATORY.
Mr. Fleming: If the Court please, I
wish to say no one regretted the article
in the paper more than I did this
morning. because no such considera-
ton influenced me in any of my chal-
lenges, and l do not think Mr.. Long
was influenced in any of his challenges
by any such consideration as appears
in the paper this morning. The jury
is perfectly satisfactory to me. and
believe they will do justice between
the Territory on the one hand and the
defendant on the other. ! do not think
it is a matter that should be brought
up. I am satisfied with the jury.
satisfied to go ahead, and have no
criticism to make on 1t.
The Court That is not the question,
Mr.. Attorney General.
Mr.. Fleming: / will refer that to the
head of NV deDartment
The Court: Let it be referred now:
have the head of the department over
here.
DEBATE PROCEEDS.
Mr. Montana read the article and {
said he was sorry the paper did not
what color. 1t was an insult
TO himself and the rest of the Spanish
unless the newspaper apollo
gized. He considered it an insult to
all Hawaiians,
Attorney Long considered the article
was directed more toward him than
anyone else. For what reason he did
not know, as he made it n point to be {
as fair as he could. His challenge of
Mr.. Abel was the suggestion of his q
client. He thought for the paper to
accuse him of drawing the color line $
had prejudiced the entire jury, so that
they would be unable, to finish the trial. :
There was but one course, which would 0
have to be determined by the presiding 4
Judge, @
Mr.. Fleming said Mr. Long had dis b
,ussed the case with him, when 1t was "
agreed no reflection on the jury was in I
tended. Il
Mr.. Long raised the question of E
whether. after what happened. the jury p
could acqlit the defendant in case of a
he benefit of a doubt.
Judge Gear told the questioner he c
iced not argue that point, because the o
Jurors said they could not act with the "
same unbiased feeling as they could
before reading the article. He refer h
ed again TO the Sunday article. a
.,