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

He thought the phrase, only one white
man." was an insult to the rest of the
jury.
THE COURT SPEAKS.
Judge Gear was sorry to see the
course taken by the said newspaper,
and referred to an article in the same
paper a week ago last Sunday, which
said no native jury ever convicted
native, and about which a judge visit
ing with him commented. The court
concluded:
Il cannot blame the juror, nor the
jurors, for taking offense at the ar
ticle. 1t shows to what lengths the
newspaper will go when there is no
body to restrain it. They would cali
this Judge to account 1 suppose, but
this judge did not draw the jury. The
First Judge of the First Circuit Court
drew all the jurors, and the jury was
drawn by chance or lot. The juries
in the Hawaiian Islands almost con-
sist mostly of Hawaiians, because of
their numerical numbers, and for any
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"
MR.. FLEMING CONCILIATORY.
Mr.. Fleming: If the Court please, 1
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. 1 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 it.
The Court: That is not the question,
Mr.. Attorney General.
| Mr. Fleming: / will refer that to the
head of my department.
/ 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
mention what color. 1t was an insult
to himself and the rest of the Spanish
1 nation unless the newspaper apollo
gized. He considered it an insult to
all Hawaiians.
| Attorney Long considered the article
dirpPtad than
anyone else. For what reason he did
not know as he made it a point to be
as fair as he could. His challenge OF
Mr.. Abel was the suggestion of his
/ 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
have to be determined by the presiding
| Judge.
| Mr.. Fleming said Mr.. Long had dis
cussed the case with him, when it was
agreed no reflection on the jury was in
tended.
| Mr. Long raised the question OF
whether, after what happened, the jury
could acquit the defendant in case OF
the benefit of a doubt.
! Judge Gear told the questioner he
need net argue that point, because the
jurors saio they could not act with tbs
/ same unbiased feeling as they could
before reading the article. He refer
red again to the Sunday article.
Mr. Wise uttered the thought tina
s'the Advertiser wanted the Advertise
gang to run the court" 1t would sui
them better he said. Judge Gear re
sponded. they will not run tht