The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-02-12
TAKESTHREET0
MAKE A
COURT
Question Raised in a New Way
And So Thata Decision With
out Chief Justice Frear May
Be Obtained,

The question of whether it takes
three judges or one to hold the Circuit
Court in the First Circuit, and whether
more than one Judge can sit at a time
in term matters was sprung again this
morning in Judge De Bolts court.
The case was that of "a. Bales, H. Z.
Carlton and Il. Walton, the three SOL
diers charged with burglarizing Chlet
Justice Frear's Tantalus house. The
three men were arraigned this morn
ing. Frank Thompson of Humphreys,
Thompson & Watson appeared fol
then,s and for each entered a plea to
the Jurisdiction raising the question or
the constitution of the court. The plea
in Cartons behalf is as follows, the
others following the same verbiage:
And now comes the said Harry Carl
ton, defendant herein, in his own prop
er person, appearing specially only for
the purpose of dismissing. said cause,
and AYERS and shows that this court
ought not to have or take cognizance
of the above entitled cause nor OF the
matters set forth and alleged in the IN
dictment herein, nor to hear or deter
mine any issue that might be joined
thereon for the following reasons:
81. That this said court as convened
at said February Term by the Honora-
BILE John T. De Bolt First Judge Oh
said court has heretofore during sald
term been, and is now being presided
over and trials of causes by jury con-
Quoted before only one Judge OF sald
court. to wit: by the said Honorable
John T. De Bolt, First Judge as afore-
said. Notwithstanding that the law
nroyides that said court shall consist
of three judges.
"2. That at or about the time that
said term of court was conVeneu Wy
the said Honorable John De Bolt Flrst
Judge as aforesaid, at this present term
of court, another judge of said court
to wit. Honorable w. j. Robinson,
Third Judge Thereon, convened ,-,a S''r% ns
term in another public court room OF
the same building in which said term
1yas convened by said Honorable Johh
n. De Bolt as aforesaid, ana In Whlcil
these proceedings are, now DelnS hdu'
that the said Honorable Third Judge
of said court, upon conVenlnS salu term
as aforesaid, summoned Jurors lot Ihe
trial of causes upon the regular caleh-
dar of causes for trial at said term
ond nat the said Honorable Third
Judge of said court and the said jurors
so summoned by him as aforesaid nave
been and are now engaged In holdlhS
said term of said court in sald cour
room, and in hearing and determining
therein of the causes of said calehuai
And these matters the Gsald Harry T.
Carlton is ready to verify. wherefore
he prays judgment whether this court
can or will take further cognlzance Oh
said cause"
The plea was submitted without ar
gument and was overruled by Judge
De Bolt. A motion to quash the lndlct-
nent was then made on the grounu
that the "so-called open venire taclas,,
on which the grand jury was summon
ed was not in fact an open venire, but
a closed one The wording of the mo-
ton was almost identical with a mo-
tion made by the same attorneys some
time ago in behalf of James Fl. Boyd
1t is suggested that one reason why
these questions are raised in this case
is that the property alleged to nave
been stolen having been Chiet Justice
Frear's, the Chief Justice would De ais