The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-29
Jury NOW
IN SIGHT
Three Challenges
| Only Are
Left.
"Not Enough Men
Hung Juror W. c.
Wilder Believes.
Schooling Without Education.
Mild Case OF Deafness.
Court Items.

! At last a jury may be considered IN
sight for the trial Of Hayashida, IN
Idicted for the murder of Sato, his fell
lIow-countryman of japan, at Wala-
llua. With eleven men passed for cause
lin the box, the prosecution has but one
land the defense two peremptory chal-
Ilenges remaining. A special venire for
40 Jurors is out for service, returnable
at 10 o'clock this morning. From this
number it may be expected that the
ipanel will be completed, especially as
a large proportion of the incompetents,
the ineligibles, the unservables and
the excusables has been already weed
ed out of the years jury list.
The empaneling process yesterday
was full of more or less diverting in
cidents.
COME OF AGE.
Henry A. Asch, who has been ex-
cused by every judge of the First
Circuit this year as under age. bobbed
up again amongst a crowd asking to
be excused before the drawing began.
This time Asch said he came of age
only two weeks ago and he gave a
day of this month as that on which
Judge Robinson excused him. A ques-
| ton brought out the statement that
the day be named was the very one
on which he became q years Of age.
THAT was excuse enough, it was
your birthday" Judge Gear snnilingly
observed.
Asch said he was not registered
vo.er, but Mr.. Prosser and Mr.. Cath
cart both waived objections on that
point The court has thus far declined
to rule as to whether a person quail
fed but not registered to vote is dis
qualified as a juror. though passing
jurors in such case for cause when
neither counsel lobjects.
Mr.. Prosser quoted the old Hawai-
ian law making the age of majority
20 years, commenting that Asch had
been of age all this year without
knowing it. He was not contradicted
on this statement, though the Organic
Act makes one of the qualifications of
a voter in this Territory that he shall
''have attained the age of twenty-one
years.
] When it came to Asch's examination
in the box his career as a juror was
cut short. After he said he did not
understand the phrase conscientious
scruples'' in the question about capital
punishment, Mr.. Prosser asked him
if he was a registered voter and on
his reply in the negative challenged
him for cause and he retired.
/ VOLUNTARY EXCUSES.
| Frank H. Armstrong, who on the
roll call corrected a persistent mistake
served every term from the first of
January and thought he should be re-
lieved from further duty. 1t was the
irequest of the house employing him
that he should be excused.
Judge Gear explained to him that
all persons on the jury list were ex-
pected TO serve for year.
Several native Hawaiians who asked
in Hawaiian or broken English to be
Iexcused for unfamiliarity with English
We're told by the court to show cause
latter being called into the jury box.
Jonathan Shaw wanted off because
there was nobody left in the office
where he was employed. P. C. Jones
being on the high seas, two of Nc
Candless Bros. out of town and the
third, John A. McCandIess, in the jury
box. He was excused, but Mr.. Nc
Candless, on the peremptory challenge
of the defense, was later at liberty tC
join him in the Judd building.
James c. Quinn had nobody to whom
he could entrust his business for more
than very short absences of himself
and was let out. Two or three Others
were excused for business reasons ant
then the drawing began, Asch as al
ready reported being called and ex.
cused for cause.
THE ORDEAL CONTINUED.
Kealoha next underwent the ordeal
He did not understand the oath wher
put to him by the clerk, though he had
attended school for ten years, and
stepped down.
Henry Fern said he could not hear
well. yet answered Mr.. Prosser's cues
lions in lowered tone. Finally Mr.
Prosser asked, in a voice smaller thar
stage aside" DO you hear what
am saying to you now?"
No. sir was the instant reply ant
the juror was excused amidst a genera
laugh.
JONES CASE RECALLED.
Albert Lucas. on the question O
prejudice against the japanese as {
race, said the only prejudice he fel
was against murder and this on &C
: count Of the Jones case
Il Mr.. Cathcart at this point asked t
have II nraaraa hat Ill tto i,,ro..