The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-29

Early yesterday forenoon Jose Miranda
murder with malice aforethought and
then arraigned in the criminal division of
the September term of the First Circuit
Court The plea of the accused was not
taken because none of the lawyers at
tending court would accept without COM
pulsion the duty of defending him.
Although the grand jury was in the
midst of a weeks recess, its members
were readily convened under emergency
summons to investigate the charge
against Miranda. The session was held
! in the stenographers' room of the
Judiciary building A large crowd of
citizens and aliens assembled in the
corridors and about the entrance of
| Judge Gears court room.
| Both Attorney General l. Andrews
and his Deputy, M. F. Prosser, attended
the grand jury. Witnesses in waiting,
, not all of whom were found necessary to
call, were Deputy High Sheriff Chilling
worth, Detective McDuffie, DR.. Judd,
Eugene P. Sullivan and Mary Antonio
Colon, the woman who was an eye-wit-
ness, as Miranda's companion, of the
murder.
Exhibits shown to the grand Jury were
the knife with which the deed was done
and the blood-stained coat of Miranda.
The weapon is a rough stiletto about
eight inches long, the blade alone being
| FIVE inches clear, having a handle of oak
trimmed with lead. Somewhat nicked
and rusty the instrument of murder is
otherwise marked with smudges of
blood. 1t was found by Detective Nc
Dufie near the scene of the dastardly
crime and yesterday morning Miranda
admitted that it was the implement with
which he had struck Damon down,
THE PRESENTMENT.
1t was at 1918 o'clock that the grand
jury filed into court headed by its fore
man, Joshua D. Tucker, who in a voice
of emotion thus addressed the court:
Your Honor: In presenting this in
dictment IT is the unanimous request of
the grand jury do not know that we
have the right to demand it-that this
case take precedence of everything else,
because of the atrocity of the crime, be-
cause of the state of feeling generally in
the community and because of the dan
gerous class of people to which this de-
fendant belongs
Judge Gear at once ordered that the
case of Territory of Hawaii VS.. Jose
Miranda, murder, be placed on the ca1er-
dar. He also consented to hear the ar
raignment of the prisoner at any time
and excused the grand jury until Mon
day next
THE ARRANGEMENT.
Jose Miranda was brought into court
through the Law Library door, the pub
lie entrance of the court room being
filled with a dense and motley throng
The prisoner was escorted to the bar by
Deputy High Sheriff c. F. Chilling
worth, Detectives Renear and McDufie
and Bailiff Ellis, with two other police
officers attending
The Hayashida trial had Just been
resumed and the calling of the return of
the special venire of jurors was in
progress. ]. W. Cathcart, counsel for
Hayashida, objected to the interruption
of the case, also to the receiving of the
report of the grand jury in presence of
the jury summoned for the trial of
Hayashida.
Judge Gear continued the hearing of
the Hayashida case for FIVE minutes, to
xx-iasrl NJ C~af1,~a-+
tons.
A Spanish interpreter being then
sworn, Deputy Attorney General NJ. F.
Prosser handed a copy of the indictment
to the prisoner and proceeded to read
from the original document. 1t charged
Jose Miranda in the usual phraSeology
with having, at Moanalua on the night
of October ~, 1904, inflicted a mortal
wound with a knife on the person of
Samuel Edward Damon whereof he died |
on the same night. thereby being guilty !
of the crime of murder in the first de-
gree. The indictment was signed by |
Joshua D. Tucker, foreman of the grand I
jury, and countersigned by Lorrin An
drews, Attorney General
Judge Gear, when the indictment had /
been interpreted throughout to Miranda, /
informed the prisoner that the Constitu-
ton OF the United States entitled him to
the services of professional counsel be-
fore he pleaded to the indictment The
Judge asked him if he had counsel en-
Dioyed.
Miranda answered that he had none
and that he had no money to employ
counsel.
LAWYERS BEG OFF.
Wade Warren Thayer, having been
asked by the court if he would appear
Tor the defense, replied:
L cannot think OF it. | have repre-
'ented Mr.. Damon too lengtfily to ap-
,ear in this case
Sidney NJ. Ballou was asked if he
would take the place. He answered that
lie had not taken part in a criminal case