The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-03-18
A M|STR|AL
MAY OCCUR
Only a Fortnight
Left to Try
Jones.
(From Wednesdays Daily)

Judge Robinson adjourned court for the
day, eleven jurors We're seated who had
passed for cause in the Jones murder
trial preiminaries. The prosecution
had three and the defense eight per-
emptory challenges left. With the lat
est venire exhausted, there remained
twenty-four names of jurors disengaged
of the total of $50 returned by the Jury
Commissioners for all juries of the First
Circuit Court for the year 1904. a spe
cial venire for this remnant of twenty
four was forthwith drawn, returnable at
10 O'Clock this morning. With the find
ing of verdict. as elsewhere reported,
in Judge De Bolts court yesterday
evening eleven more jurors are at the
disposal of Judge Robinson.
AN OPEN VENIRE.
There still remain the grand jurors
and somewhat reluctantly yesterday
afternoon Deputy Attorney General
Peters consented to their discharge, so
as to haze them available as trial
jurors, before the completion of all of
the Investigations laid out for them.
Some of the matters that would have
to be abandoned. AIR. Peters explained,
had been put under inquiry at the re-
quest of private citizens. He under
took to have the grand jury make II
final report, under the circumstances,
by the following afternoon.
AS even with all told, with the large
proportion of jurors examined for every
one passed for cause, if all or most OF
the remaining peremptory challenges
be exercised the question of an open
venire to obtain more jurors will come
to a head. 1t would be the first test of
the question under the new jury law.
A preliminary argument thereon took
place yesterday afternoon.
Mr.. Peters q ted a Utah case, where
the 200 jurors on the list of a certain
jurisdiction had become exhausted in
empaneling a jury and the court order
ed an open venire from the body of the
district An appeal was taken on this
proceeding and the Supreme Court of
the United States affirmed the action
of the trial court. a point in that case
was that the Utah law did not forbid
an open venire, though not expressly
authorizing it, and this was mentioned
as exactly similar to the Hawaiian con-
dition of affairs.
Judge Robinson, though having mis-
givings about the soundness of the de-
cision, stated that he must be bound
by the United States Supreme Court.
Yet, until every juror on the list inclu-
ding the grand jury, was called in the
present empaneling the case would not
have reached a parallel with that of
Utah quoted.
1t was al this point that it was de-
cided to utilize the grand jury panel.
When all is said the prospects are
thickening that, unless jury be OBJ
tanned without many more hours OF
delay, there will be no trial of Edward
NJ. Jones at this term. There is a bare
fortnight left ana if the trial is begun
and not ended before the term expires
a mistrial must be entered.
YESTERDAYS SITTING.
To fill the vacant chair left at the |
close of Mondays proceedings, Thomas
Andrews. ii, p. Benson, Chas. =. Os-
borne, Albert TrRsk, B, 5. Gregory and
u NJ. Webb were called yesterday fore
noon. All but Webb We're excused for
cause and recess was taken at noon
with his case undecided, Mr.. Peters
making a strong fight for time and Mr.
Robertson adversely probing his ad-
mitted opinion" TO the bottom.
In the afternoon, Mr.. Webb passed !
for cause, when the prosecution per-
emptorily challenged Benz. f. Vickers.
Then j. j. Sullivan, Herbert C. Aus !
tin and Geo Makalema We're excused
for cause. The trial jury box was now
empty of names.
LANGUAGE TEST
The language line was drawn a trifle
finer than usual in the empaneling
process yesterday. strong fight was
made on the qualifications of Albert /
Trask, a well known native Hawaiian |
building contractor who has figured on |
Government contracts for many years !
Deputy Attorney General Peters chal- |
iepged Trask for cause. arguing his
want of sufficient knowledge of the
English language 10 understand the
bearing of the evidence, the instruc-
tons of the court and elements of the
trial generally. Mr.. Peters replying TO
the opposing remarks of Mr., Robertson,
would grant that the juror had speak
ing acquaintance with English, even to
the extent of thinking the figures of
contracts in that language, but from
the answers he had given on eXamina-
ton II was clear that he did not un-
derstand some words commonly used by
court and counsel In discussing law re-
lating to evidence. Granting that the
juror was a Hawaiian of exceptional
ability and intelligence, yet he was
wanting In sufficient knowledge of the
language OF the court to be competent
juror, especially in so intricate case
as the one AT bar.
MIR, Robertson doubted II one in ten
average iurymen understood every
thing that they heard at the trial OF
case,
Judge Robinson allowed the chat
lenge ana Mr.. Trask looked surprised
when told he might depart.
George Makaleua Mas another la
waiian excused ou account OF unfamiu-
arlty with the English language, bus
In his ease no nee point existed