The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-05-22
CASE FOR
GRAND JURY
Action of Jurors
ArOuses Ire of
Court.
(From Wednesdays Daily)

Another day was consumed yesterday
in an Intellectual attempt to draw a
jury for the trial of Pat Murphy on a
charge of murder. So numerous were
the Jurors yesterday, who were excused
| because they said they were opposed
to the death penalty on circumstantial
evidence. that Judge Robinson sug-
gested that there was probable need
| for a 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 of
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 circumstantial evidence.
This led to the courts remark on the
probable necessity for a grand jury in
vestigation.
1t 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
on circumstantial 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 impossiblity 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
Judge Robinson then issued a second
open venire for an additional fifty men.
LUCY PEABODY LOSES.
After trial of nearly three weeks
Judge De Bolt yesterday directed
verdict for defendant in the case of
Lucy X. Peabody vs. Bishop 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
merly owned by the Princess Ruth and
by her decided to Bernce Pauahi Bish-
op, and by the latter to the trustees Of
the Bishop Estate, but at no time did
Lucy *. 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 n d.
vorce to Mary Rose Seward from
Joseph Seward on the ground of cruel
ty. She is also awarded custody of
her four year old son who 1t transcir-
ed has been taken away by the de-
PENDANT The husband is given five
days to return the child.
JURORS NEEDED TODAY
Judge De Bolt yesterday made the
following order regarding the jurors in
his court:
Notice is hereby given to all trial
Jurors, heretofore excused indefinitely,
to be and appear before Hon. j. Il. De
Bolt, First Judge of the Circuit Court
First Circuit, on Wednesday,, May 20th
A. D. 1908. at $3.50 o'clock a. m.