The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-03-22
Open vEN|RE
IS ILLEGAL
Continued from page Sd


desired on further reflection to be ex-
cused. BY permission he now examined
Mr.. Larsen again and challenged him
for cause, and he was excused over the
objection of A. G. NJ. Robertson for the
defense.
James II. Boyd passed for cause
against the objection of the prosecu-
ton, which later exercised its last per-
lemptory challenge in retiring Mr. Boyd.
Jas. w. Bergstrom was challenged by
the defense Before his place was filled
by Robert Nelson, both sides agreed in
|excusing for cause Chas. Phillips. +. NJ.
Kiley, j. McCready asd Il. O. White.
on the retirement of j. II. Boyd, no
names were left in the box. Judge Rob-
inson ordered a special venire for for
ty-nine men to be issued, returnable in
part at p. IN. that day. AT the con-
tinuance of the cause until that time,
but two more peremptory challenges re-
manned and both to the defense.
The partial return of the last venire
at 2 o'clock brought into court Il. r.
Adams, S. f. Mott, A, j. Campbell, j. j.
Garden, w. r. COMBS, S. e. Damon,
Il. Swan, j. G. Evans, c. Schoellkopf, G..
T. Kluegel, John Mitchell, p. NJ. Pond
II. II. Walker, j. w. A. Redhouse, ST.
C. Sayres, w. b. Scott, j. ii. Cummings
S. G. Wilder, Gaspar Silva, F. C. Ather-
ton, c. V. Sturtevant, Ed. Towse, X. r.
G. Wallace, S. A. Walker, C. b. Hall,
C. c. Rhodes, H. A. Juen, C. A. Simp-
son, A. C. Silva and f. w. Thrum, be-
ing thirty out of the forty-nine ordered.
| Counting the first and second open
venires, in addition to the years jury
| list of $50 names, the total number of
Jurors summoned was nearly $3.50, out of
which eleven men who had passed for
cause were on the panel, after fifteen
peremptory challenges had been exer-
cised and one challenge waived by the
prosecution, with two challenges re-
naming to the defense and thirty men
waiting to be examined for cause. This
was the jury impaneling situation when
the proceedings came to their abrupt
| termination.
| The defendant Jones has not yet been
placed in jeopardy" to entitle him to
release on that ground, as until jury
is sworn to try him he is not considered
to be on trial. All the same, a very
weak spot has been uncovered in the
| jury law passed by the Legislature of
| 1903.
OTHER CRIMINAL MATTERS.
Johnson and Jonah Kumalae for con-
spiracy first degree, Solomon Meheula
for gross cheat and Enoch Johnson for
gross cheat We're, on account of the
absence of counsel for defendants, con-
tinued by Judge Robinson until Mon
day next.
90 Sal1incr lir,Inr
license, reserved his plea until a. m.
today.
Chisaki alias Chisaki Mokishi, rape,
pleaded not guilty and his bail was
fixed at $4,000.
Solomon kaanaana, who pleaded
guilty to an atrocious crime on Satur-
day, had sentence further continued I'M
til a. m. today.
DIVORCE COURT SCENE.
There was a little scene in Judge
Robinson'S court yesterday afternoon
when his Honor had just ordered de-
cree of divorce to Nina ]. Flint against
Harry w. Flint. No evidence had
been put on for the libelee and ]. p.
Ball for the libellant, in answer to
the court, said alimony was waived.
''She was forced to sign that paper"
exclaimed Mrs. Mclean, mother of the
libellant, from the front spectators
bench.
Judge Robinson asked the parties
generally if the arrangement was sat
sfactory. Mrs. Flint had crossed the
room after coming off the witness
stand and was standing at the win
dow to the right of the Judge.
1T is satisfactory to the defendant"
l.. M. Strauss, attorney for the libellee,
answered the question.
Mrs. Mclean rose and advanced to |
the middle of the floor, in front of he |
Judge, and asked il she might say a !
few words Judge Robinson waved |
her back to her seat and, as Mr.. Ball |
walked over to his client showing a |
paper to her, the Judge asked:
'Is that satisfactory
Il signed it," Mrs. Flint said.
"She was forced" the mother be-
gan anew.
Keep STILL" shortly calculated Mrs
Flint.
1T is a very bum and disgraceful |
affair altogether" Mrs, MCLEAN de-
clared as she walked out of the court
room.
Il signed it," the libellant repeated
when asked again if the settlement was
Mrs. Mclean returned to the court
room and resumed her protests, but the
Judge ordered the divorce granted with
llimony left out. The cause of Mrs.
dissatisfaction is probably
10 be found in her evidence, which was
TO the effect that she had maintained
ler daughter and the latters child ever
since the husband and father had
stopped providing for them, such main
-enance including the nursing of Mrs.
Flint through long and serious Illness
and the mourning of a Doctors bill,
HUSBAND MUST KEEP AWAY.
In the divorce case of Mary ID. Ber-
elmann VS.. Frank c. Bertelmann,
Judge De Bolt has ordered the libellee