The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-20
CASE FOR
GRAND JURY
Action of Jurors
Arouses Ire of
Court.
The Bishop Estate Gets
the Peabody
Land.
Judge Robinson Tells Jurors They
Cannot Lie About Their Be-
IieFs-Divorce Case.

Another day was consumed yesterda,
in an Intellectual attempt to draw {
jury for the trial of Pat Murphy on {
charge of murder. So numerous wer'
the jurors yesterday, who were excused
because they said they were opposed
to the death penalty on circumstantsa
evidence, that Judge Robinson sug.
gested that there was probable neec
for grand jury to investigate whether
or not perjury was being committed
in the effort to escape jury service.
Twenty-Five jurors were brought in
yesterday on the open venire and o:
these but four were left on the panel.
The remainder who were excused, We're
nearly all opposed to convicting a man
for murder on circumstantiaf evidence.
This led to the courts remark on the
probable necessity for a grand jury in
vestigation.
It appears that some of the jurors
who were excused had told officers of
the court, and other men summoned as
jurors that all that was necessary to
escape jury service was to say that
they were opposed TO the death penalty
on circumstantiaI evidence, or that
they didn't know the difference be-
tween direct and circumstantial testi-
mony. These remarks were reported 20
Judge Robinson and he reminded the
jurors that they were sworn to tell the
truth and if they said they had
scruples against the death penalty SIM
ply to escape jury service they were
violating their oaths. Nothing further
was done in the matter but there will
probably be more care exercised by the
jurors in the future. The grand jury
is still in session and could consider
any matters laid before 1t by the court
though in view of the impossibility of
a conviction for perjury where the Of
Tenders own testimony is required,
nothing will be done.
A second venire was issued at noon
but not returned at two o'clock ana
open venire for an additional fifty men.
LUCY PEABODY LOSES.
After a trial of nearly three weeks
Judge De Bolt yesterday directed a
verdict for defendant in the case of
Lucy X PEABODY VS.. BlSnCp ESTATE.
The directed verdict was given on mo-
ton of the defendant on the ground
that plaintiff had not made any claim
to the property when the land in ques-
ton was conveyed TO the Bishop Es-
tate, though possessed of all her rights
at that time. The property was for
nerly owned by the Princess Ruth and
oy her decided to Bernice Pauahi Bish-
op, and by the latter to the trustees OF
the Bishop Estate, but at no time did
Lucy K. Peabody make demand for the
property The court held that she
therefore waived any claim she might |
have had.
DIVORCE GRANTED.
Judge Gear yesterday granted di-
porce to Mary Rose Seward from
Joseph Seward on the ground of cruel |
ty. She is also awarded custody of
ner four year old son who it transoir-
ed has been taken away by the de-
'endant. The husband is given five
lays to return the child.
JURORS NEEDED TODAY.
Judge De Bolt yesterday made the
following order regarding the jurors in
ais court:
Notice is hereby given to all trial
Jurors, heretofore excused indefinitely,
20 be and appear before Hon ]. T. De