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

NOTLEY'S STATEMENT.
Mr.. Motley spoke thus: I wish to
state to your Honor that Deputy At
torney General Peters told me yester-
day the reason for me being challenged
on the panel was because I have such
an aloha to the Hawaiians, that I
would never find them guilty. I can
say for seventy-five years since the
Caucasian race came to these Islands
we find that the Hawaiian Jurors have
hung their own people, where the
Cacausian race have not hung one.
We have sought justice and what is
right.
PETERS HEARD OF IT.
Deputy Attorney General E. c. Pc
tiers was not present in court when
Juror Motley quoted him as above
stated. When he heard of the state
ment he hurried over from the Attor-
ney Generals office and, coming into
court, stated that he had been inform
ed of the version given by Mr.. Motley
of a conversation the previous day.
Mr.. Peters denounced the statement as
absolutely false and requested that the
stenographer take down what he was
about to say, with the permission of
the Court, regarding the conversation.
Following is the official report of the
rest of the proceedings, barring the
! ysub-heads:
| Mr.. Peters: I desire to state to the
Court that yesterday afternoon, short
| ly after-I think it was yesterday af-
ternoon-I was talking to Mr.. Boyd
was standing in the makai portion
| of the corridor, near the door of your
Honor's courtroom; Mr.. Andrews and
Mr.. Fleming were prosecuting before
, the Court, and 1 was sitting there dur
ling a short recess from Judge Robin
sons court in which L was assisting
Mr.. Andrade; 1 was talking to Mr..
Boyd and Mr.. Motley and talked to
Mr.. Boyd about the Chiffon case.
Mr.. Boyd brought up the statement of
Mr.. Andrews that had been made by
him in court on the return of the jury
and the entry of mistrial in the case
of Territory of Hawaii against Levi
Daniels; Mr.. Motley was also taking
part in the conversation; I told Mr..
Motley that I would not have him on
any other jury in which I prosecuted.
I said: 'tMr. Motley, will be perfectly
frank with you; you are an Hawaiian
and naturally have an aloha for the
Hawaiians; there are Hawaiians de-
PENDANTS here" I said: Every advan-
Itage that the defendant has in Grim
inal case should be granted him; my
duty is simply that of prosecuting on
behalf of the Government; and know
that there is certainly feeling in fav-
or of an Hawaiian defendant; but fol
that reason alone it would not excuse
la Hawaiian as a juror; if you as ar
Hawaiian did not entertain that feel
ling I could not understand you as ar
Hawaiian" But I said: II will not
lexcuse you or any other man from the
jury who is an Hawaiian for the rea-
son that the defendant is an Hawaiian
But you have stated, Mr.. Motley, a:
a juror in case here, that you would
not convict any Hawaiian, and any
man who would allow his prejudice t.
jury in which I am prosecuting"
BRANDED AS FALSEHOOD.
The statement of Mr.. Motley that
( would not have him for juror for th'
. reason that he had aloha for the Ha
waiians is absolutely false; it il
f branded as a falsehood on its face; anC
| I can corroborate my statement which
/ make before this court, by Mr.. Boyd
, who was there at the time: and l cal
further corroborate my Statement
t about Mr. Motley in that he did, as {
Juror, in the first case tried before you
Honor, tell people on the street tina
a certain member of the jury was M
good for the reason that he polled {
verdict of guilty for the defendant il
the case. who was a Hawaiian.
: Ny duties as prosecuting officer ar
simple: I am supposed to come befor'
the court and prosecute the cases in
> legal manner. If I do not proscut'
them in that manner I deserve thu
censure of the Court; and If 1 don
2 do that it is time to get out of the AT
torney Generals department. didn'
say 1 would not have a man on a jur!
for the reason that he had an aloh;
t for the Hawaiians, and I do not intenc
to stand before this court charged witt
2 the excusing of a man for the reason
5 that he is an Hawaiian; charged witt
: a false statement by man of tn
n character of Mr.. Motley.
JUDGE GEARS REMARKS.
The Court: The matter came UP thi
a morning. Mr. Peters, brought up by tn
4 Jurors in the case, on account of VIVA
= was put in the paper this morning
: and while all this statement OF MI
V [ Notley's is volunteered it has nothin
: Ito do with the matter before the Court
g The Court appreciates the Deputy AT
torney Generals actions all the wa
f through. and the Court has nothin
r to say against Mr.. Peters; the Cour
= however, thinks that the jurors TIL
o morning on the panel cannot be blan
o ed for the stand they took, especial
= in view of the articles which have al
: peared in the Advertiser. A week az
Sunday they put in a statement thu