The Hawaiian gazette., 1903-10-13

Allan NJiALE L, i OEODh
ready to take that step and insist tina,
no Hawaiians shall sit on juries in this
court. when the law is amended 80
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 II 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 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 | stated Mr..
Notley's 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
20 into the jury room with as fair
and impartial mind as they would II
such an article did not appear. because
If they directly or indirectly acQuit
an Hawaiian because he Is an Hawai-
ian-any juror because he is an Ha-
valiant think if | understand human
nature they would not, even If they
had a reasonable doubt of his guilt find
him guilty, because they would be sub
ject to the charge that the man was
acquitted because he was an Hawaiian.
AS long as Congress has given to Ha-
waiians the same rights as the whites,
and they come under the Constitution
as free and equal with the whites.
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
ministration of Justice we must have
a panel of Jurors to sit on the jury
without fear or favor or reward. But
there are matters every day which do
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
statement will go in the paper and
mine will go in the paper. There are
people who know who I am and who
know who Mr.. Motley is, and there are
are people who know neither me nor
Mr.. Motley. so that as far as I am
10 tot,
pie in this community that will not
have man on the jury for the reason
that he has an aloha FOR the Hawai-
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
duty, or during the meetings of certain
persons on political lines, and these
statements would naturally become
known. 1 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-
fore your Honor, ] can come before
your Honor and contradict 1t. Fur
Their than that I do not care to
say anything about it. have
endeavored to be kind and courteous,
and to be fair in every case that has
come before you, but when a statement
is made attacking my integrity as the
prosecuting. attorney, and stating
deliberate falsehood before your Honor
in the presence of others, then I can
come before the Court and make my
statement and what the newspaper
itself or individual jurors have stated
l do not know. If there is a feeling
among the jurors they have been
sighted | regret it, or when the Court
is hampered by jury that feels that
it has been sighted, that is sincerely
deplorable, and I also regret that very
much. It is only that this absolutely
false statement was made TO your
Honor that induced me to come before
your Honor to relate what actually did
occur.