The Hawaiian gazette., 1904-09-30
JURY NOW
IN SIGHT
Three Challenges
Only Are
Left.
From Thursdays Advertiserl

At last jury may be considered In
sight for the trial of Hayashida, In
dicted for the murder of sato, his fell
-countryman of Japan, at Waia-
lua. With eleven men passed for cause
in the box, the prosecution has but one
and the defense two peremptory chal-
lenges 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
panel 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 crowd asking TO
This time Asch said he came Of age
only two weeks ago and he gave
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, 1t was
your birthday Judge Gear smilingly
observed.
Asch said he was not a registered
voter, 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
fled but not registered to vote is dis
qualified as juror, though passing
jurors in such case for cause when
neither counsel objects.
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 1t came to Aschs examination
in the box his career as 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 II. Armstrong, who on the
roll call corrected a persistent mistake
in his name, rose and said he had
served every term from the first of
January and thought he should be re-
lieved from further duty. 1t was the
request 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
excused for unfamiliarity with English
We're told by the court to show cause
after 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. McCandless, in the jury
box. He was excused, but Mr.. Nc
Candless on the peremptory challenge
of the defense, was later at liberty to
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
We're excused for business reasons and
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 when
put 10 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 ques-
tlons In lowered tone. Finally Mr.
Prosser asked, In voice smaller than
a stage aside" DO you hear what
am saying 10 you now?"
mo, Sir" was the instant reply and
the Juror was excused amidst a general
laugh
JONES CASE RECALLED.
Albert Lucas, on the question oI
prejudice against the japanese as
race, said the only prejudice he fel
Was against murder ana this on ac
count ~ the Jones ease
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have n ordered thar Ml the Juror
previously pHHhrd for cause ht o.
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