Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-10-03
dE11INd JURY


evidence to remove his present impress.
sion: he had an opinion formed by
reading; Frank Thompson
for cause; Juror excused.
James Lawelawe called: Had scrup-
les against death penalty; excused
from former juries for the same rea.
son; Juror excused.
Andreas Nelson called Knew de.
ceased well; read papers and formed
opinion; no evidence could remove his
opinion; excused.
Saml. II. Pierce called: No scruples
against death penalty In proper case.
"There was something that happened
on Friday night last that might influ
ence me-" declared Pierce.
81 don't want to see that man rail
roaded to death just because he killed
Mr.. Damon!" he said.
I'VE don't want to see anybody rail.
roaded to DEATH" said Andrews.
Both sides passed Pierce.
Juror Mcrrifeld knew of no disqual.
flying facts and was passed by both
sides.
Juror Parmalee, In answer to the
Courts question as to whether he had
formed an opinion, said he had receiv
ed an impression from the newspaper
articles.
II don't allow my mind 20 get preju
diced try to always have judicial
mind" said Parmalee.
m nntnin ~
asked the Court.
NO"
"Will II take evidence to remove
your present impression?"
Eyes"
eve will have to challenge the jur.
or said Davis.
II will excuse the juror" said the
Court.
James Brown had scruples against
death penalty: would refuse oath;
challenged and excused.
George Dillingham; next called: scru-
pies against death penalty; excused
accordingly.
Here the jury panel was exhausted.
Prosecution asked that three tales.
men be called. Defense made no oh
lection.
I Il know that the man Is guilty" said
Geo. Lalule in answer to the first ques.
ton of Andrews, that is ALL" He de-
Slared that he would convict "A man OF
murder in the first degree on no tsrong.
er evidence than street talk. He was
excused.
Judge Gear interrupted the examina
ton of the next juror TO say:
mir. Merrifield, | believe the ques'
ton was not asked you-haye you any
opinion, In this matter, which would
require evidence to remove?-this ques.
ton is one asked always under the
Massachusetts law"
mo, sir! have mott"
, II. u. Roth had formed an opinion
but not such as would require evidence
&c overcome,
! Thompson, for defense, questioned
juror along this line after Davis had
examined him.
Andrews interrupted to know II botl,
Thompson and Davis could examine.
The court will allow the very full
est examination Of Jurors" said tho
court.
Then take II that Mr.. Prosser and
myself can join in the examination
remarked Andrews.
"Yes!" said the court.
Certainly" commented Thompson
Thompson, examining Roth, asked I:
"Did you not express an opinion al
the Young hotel that night, Tuesday
night. as TO what you thought should
BE- done with the man, with the do
tendant?"
Il do not think that did. Yes, just
now have an opinion. Yes, 1t would
take some evidence to remove the opin
ion ] now entertain. My present opin
ion might unconsciously affect my ar
irving at IA verdict. do not think any
man eau wholly put aside the impress
sion he gets from reading OF such az
occurrence"
THAT last sentence surely disquali
fees the juror" exclaimed Thompson
Juror was excused by the court after
prosecution had passed him for cause
G. J. Fishel, one OF the twelve first
called to the box. was excused on stat
Ing that the late Mr.. Damon had been
al officer OF the corporation In which
he is interested.
Prosecution passed F. Il. Nichols, and
after narrow questioning the defense
also passed the juror.
The occurrence of Friday night re
TERED TO by Juror Pierce as possibly
having influence In his consideration
OF the case may have been the Haya
shida murder trial jury deliberation
Pierce was member OF the jury and Is
said to have held that Hayashida
should be hung. Verdict, In this case,
was "manslaughter."
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