The Hawaiian gazette., 1904-09-13

IN COURT
Being Tried
For Murder in First
Degree.

Hayashida was put on trial yesterday
morning before Judge Gear for murder
In the first degree lie was indicted at
the June term, when he also pleaded
not guilty. Cathcart & Milverton are
his counsel. Hayashda is charged In
the indictment with killing one Sato
at Waipahu, district Of Eva, on May
20, 1904. by inhicting two mortal wounds
upon his head with a wooden club four
feet two inches long. Deliberate malice
aforethought and intent to murder the
victim are alleged.
Prior to the drawing of a jury the
court appointed Toma Abe as inter-
prefer but on Mr.. Cathcart's objection
to policeman as Interpreter the app
pontment was set aside. Chester
Doyle, former Japanese interpreter, was
similarly rejected as an attache of the
Attorney Generals office. After a
search for some one else, +. p. Kuroda
came I'm and was sworn as Japanese
Interpreter.
There were only fourteen names in
the trial jury box and when the court
excused four of the jurors because they
had been on the grand jury that in
dicted Hayashida, the empaneling
process had to be suspended. special
venire for thirty-six additional jurors
was issued and the case continued till
2 o'clock.
Deputy Sheriff Chillingworth appear
ed at that hour with a return of the
venire, the nature of which is explained
by the objection made by Mr.. Cathcart
"a, ttN,r of hat -ta ,.FttI he
empaneling.
OBJECTION TO PANEL.
Counsel for the defendant objected on
the grounds that the return showed SER
vice upon only fourteen persons and did
not show that others named in the spe-
cial venire could not be found in the
Jurisdiction of the court; that there had
not been time for "a due and diligent
search for the missing jurors; that it
was presumed the defendant had a
right to the full venire, except such as
We're excused for good cause and such
as could not be found after due and
diligent search.
The objection was overruled and an
exception taken to the ruling.
ODD MISUNDERSTANDING.
John f. Soper, the first man called
to fill the vacant chair in the jury
box underwent a long examination in
which both sides took several innings.
After coming close to being excused for
cause over and over again, the prose-
cution contested the challenge for cause
and was sustained by the court.
NJ. +. Prosser, Deputy Attorney Gem
eral in starting with the juror, in
advertently mentioned Waialua as the
scene of the alleged murder.
Mr.. Soper answered with his mind
on the murder of a Japanese woman at
Waiaua two or three years ago, for
which "A fellow Countryman is now
serving time in Oahu Prison. The juror
admitted having a strong impression of
the case and under fire of questions
went so far as to say that the impress
sion was that it was IA cold-blooded
murder" When he mentioned woman
as the victim, court and counsel laugh
ed.
Still, If the case then in court had
been reported in the papers, Mr.. Soper
was certain he read about 1t, for he
read the Advertiser every morning and
the other two papers later in the day.
Without prejudice against the Japanese
as race he yet regarded them as Pc
culiarly impulsive and a people that did
not look on violence the same as our
American people. Any murder case he
might read about, with a Japanese ac-
cused of the crime, would make a SINH
lar impression on him to that of the
Waialua case he had been thinking of.
When Judge Gear finally asked him.
followed up more closely by Mr.. Pros
ser, about a murder at Waipahu, Mr..
Soper could not state any of the de-
tails. The answers he gave to general
propositions of a fair trial We're salts
factory to the court.
a RADICAL JUROR.
John Kidwell was excused for cause
after engaging in considerable debate
with counsel and court. The time-hon-
ored maxim that an accused person is
presumed to be innocent until lie is
proved guilty he regarded as "a mere
theory" If there was a strong prob
ability of guilt it was better in his opin-
ion, to hang the accused than TO take
the risk of letting him go free TO kill
more, At least Mr.. Kidweu contend
ed, If the prosecution made a good pri-
ma facie case out, ii was up to the
defendant to put on some evidence of
his innocence.
Mr. Ashford. the juror related for
example, in one of the Legislative
cases, " when the prosecution had rest
ed, Mustered around little and then
said the defense had no evidence TO
offer. Anything like that would in
cline him to bring In a verdict Of
guilty.
The panel was exhausted between 4
and O'Clock. when Judge Gear ordered
another special venire OF SO names.
COURT NOTES.
Through the number Of disqualified
persons ana those having rights OF eN.
emptlon, Judge Robinson aid not have
enough jurors before him yesterday TO
make one trial jury even without chal- |
lenges IT, therefore ordered a special |
venlre to issue and continued the case
SET until this morning
Ellen DWighi petitions that she be 1
appointed admIHisiratrIN OF fha estate
of her l#fH husband ChIrlr4 IIshap