The Hawaiian gazette., 1903-12-01
TRIAL
ANTICIPATED
An Excused Juror
Let Go Two
Weeks.

| Late yesterday afternoon twelve 1u-
rors had passed for cause in the Jones
murder case before Judge Gear. Mr..
Robertson challenged Sol. Kealoewa
and A. a. Montana in turn, and, when
John Crowell was called and excused
for fixed opinion and scruples against
capital punishment, Clerk Sims an
nounced that the list of Jurors sum-
moned was exhausted
The court consulted counsel as to
how many new jurors should be sum-
moned under special venire.
Attorney General Andrews suggest
ed twenty-five, but Mr.. Dunno thought
that would not be a sufficient number
as there would probably be fifty per
cent of those called who would fail to
| pass for cause.
Judge Gear directed the clerk to
draw forty-eght names out of the jury
list box and deposit them in the trial
| jury box. The names were read out
as drawn but Mr.. Robertson objected
to their publication until summoned.
1t appears that when the previous list
| drawn had been published in the Ad-
vertiser number of those named
got out of town before the officer could
summon them.
The defendant has ten more challen-
ges within his right to exercise. while
the Territory has the privilege Of chal-
| longing six jurors. For every one eX-
cused peremptorily it may take from
one to an indefinite number of men to
be examined for cause of excuse before
the vacancy is filed.
After the drawing of the names for
the special venre the jurors present
We're excused until $3.50 Monday morn
ing.
! When Mr.. Montana was retiring he
asked for how long he would be eX-
cused, and Judge Gear answered two
weeks. This might be taken as the
courts estimate of the length of the
trial in hand.
One Juror under examination said he
never read the papers, either English
or his own Hawaiian. Another naive
ly confessed he believed what he read
| in The papers, which the lawyers
thought funny, and the juror clinched
his profession of faith by saying that
If Jones did not shoot Mrs. Parmenter
the paper would not have said it.
CIVIL JURY TRIALS.
The debt suit of Enterprise Mill Co.,
Ltd, VS.. Pacific Mill Co., Ltd, with
tion Co., Ltd, and p. l.. Weaver, trus-
tee, and First National Bank of Ha-
waii, garnishee, was tried before Judge
De Bolt yesterday morning. Hatch &
Ballou for plaintiffs Robertson & Will
der for defendants and garnishees. A
continuance asked by defendants was
denied. Default "was~entered against
the Construction Co. and Weaver, gar
nishees, an objection by defendants be-
ing overruled. The following jurors
were found satisfactory as drawn: l.
Levingston, Charles T.. Frasher
Charles Butzke, H. Meek, e. E. Moss
man, w. H. Thornton, E. H. f. VOL
ter, P. NJ. Lucas, ]. l.. Cockett, Isaac
Adams, e. McCorriston and George
Cypher. The court, after both sides
had rested, directed the jury to find
verdict for plaintiff in $3.50 for rents
and $279.15 for taxes, n total of $1o29.15,
which they did without leaving their
seats. Defendants excepted to the ver-
dict and gave notice of motion for
new trial.
Sing Chan Co. vs.. Shun Lung Yuen
Ku, assumpsit, came up for trial be-
fore Judge De Bolt in the afternoon.
Thpyer e Hemenway for plaintiff; e.
A. Douthitt for defendant. The follow
ing jury We're found satisfactory as
, drawn: B. Guerrero, John Kuaana,
Chas. Butzke, w. Fl. Thornton, Geo.
Cypher I. Levingston, T.. McCorriston,
Isaac Noar p. NJ. Lucas, r. r. Moss
man, e. H. F. Wolter and Fl. Meek. A
verdict was returned for the defendant,
the plaintiff noting exceptions and CIV
ing notice of motion for new trial.
w. C. Parke VS.. John w. Cathcart
| u, 1aI
ing and C. f. Clemons for plaintiff;
defendant in person. A continuance
asked on the ground of the absence
of C. C. Biting, attorney for defend
ant, was denied. With but two ex-
cuses the following jurors We're found
satisfactory: Jas. A. Aud, f. r.
Adams, Chas. f. Frasher, Geo. Cypher,
I. Levingston, p. M. Lucas. John kua-
ana, Isaac Adams, II. Meek, e. e.
Mossman, Ben. Guerrero and r. Nc
Corrston. The trial started and at
p. ~. was continued till Monday.
i The trial of Allen w. Il. Bottomley,
, trustee, VS.. Lam Fol was concluded be-
fore Judge Robinson yesterday after
noon with a verdict for the defendant.
Exceptions were taken and notice OF
motion for a new trial was given by
: the plaintiff.
| JUDGMENTS ENTERED.
Judge Gear signed an order directing
the executors of the estate OF T.. Z.
Macfarlane deceased. to liquidate and
close the entire interest of decedent In
the copartnership known as the Puuloa
Sheep and Ranch Company, and TO
that end sell the property at public
auction with no bid less than 10000
: gold to be received. One-third OF the
proceeds, together with one-third OF all
the net profits of the copartnership re-
ceived since the death of decedent and
profits accruing previously but not PAID
| to him. will be credited to the estate
I less debts chargeable to him in the
copartnership and one-third the ex-
penses of these proceedings.
Judge De Bolt entered judgment for