The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-03-25
JUSTICE MAY
Be BAlKEO
Change Of Venue
Resisted by
Jones.
CFrom Wednesdays Daily

Edward Mitchell Jones, awaiting trial
for the murder of his divorced wife
after having been acquitted. on the plea
of insanity, of the murder of his former
mother-in-law. When Judge Robin
son proposed to change the venue
Monday. on account of the exhaustion
of the legal jury list, counsel for the
defense asked for time to consider the
matter. The case was accord
ingly continued until yesterday morn
ing, and at that time the defense put
up opposition to a change of venue.
MOTION BY PROSECUTION.
DEPUTY Attorney General Peters filed
a motion for change of venue to the
Fifth Circuit, Kauai, on the following
grounds:
First. that the two hundred and
fifty persons heretofore selected ana
listed under and by virtue of Act 3S
of the Session Laws of the Territory or
Hawaii, 1903, to serve as Jurors in the
above entitled court for the year 1904,
have been drawn from the trial jury
box, but that it has been found and
is now impossible to secure therefrom
sufficient qualified jurors for the pur-
pose of the trial of the above named
defendant. upon the charge of murder
in the first degree, before said court.
Second, that it is impossible to Sc
cure twelve persons qualified to sit as
trial jurors in the above entitled cause,
within the jurisdiction of your Honor
able court"
OBJECTION BY THE DEFENSE.
Robertson & Wilder and j. ]. Dunno,
counsel for the defense, interposed the
following objections to the motion on
behalf of the defendant:
Il. That he is entitled by law to
be tried by his peers in and of the
Circuit in which the offense with which
he is charged is alleged to have been
committed.
'2. That this court is without au-
thority or jurisdiction to order that
the venue of this cause be changed eX
cept upon the application of this de-
fendant for such purpose. And that
it has not been made to appear that
an impartial jury cannot be obtained in
this Circuit.
"3. That the provisions of Section 627
of the Penal Laws of 1897 are unconsti-
tutional and void, in this, that said
provisions attempt to vest in certain
courts, including this Honorable court,
arbitrary and uncontrolled powers, in
consistent with the constitutional
rights of this defendant"
ARGUMENT DELAYED.
Mr.. Peters asked for an immediate
ruling on the motion, as the Kauai
term opens today.
Mr.. Robertson requested a continu-
ance until this morning for argument
saying:
I'VE are honestly convinced after
looking up the authorities, that this
court has not the power to order this
change of venue. There are authori-
ties as high as the Supreme Court of
the United States to the effect that
such a provision as the section under
which Your Honor is asked to order
the change, is unconstitutional, and
we think we can convince Your Honor
of this if given time to prepare"
Argument was accordingly set for
this morning.
SENTENCED FOR LIFE.
Solomon Kaanaana was sentenced
yesterday morning for the term of his
natural life, under defendants plea of
guilty to indictment for felonious as
sault upon child of the age of seven
years and thirty-four days.
The culprit when asked the usual
question of why sentence should not
be passed upon him, pleaded intoXlca-
tion as the cause of his crime and inn
plored leniency Judge Robinson in
formed him that the law left little lee
way for mercy, giving life imprison-
ment as the alternative of death. Ka-
anaana evinced deep sense of his
terrible punishment trembling as he
seated himself in charge of a police
man.
CHINESE BUSINESS DISPUTE.
Judge De Bolt has rendered a written
decision on the case, tried jury waived,
of Au Con Check VS.. Wong Feart. He
gives judgment for plaintiff against
defendant for the sum of S497,S0 with
interest thereon at the rate of six per
cent per annum from August 10, 1902,
TO date. j. Alfred Magoon and ].
Lightfoot for plaintiff; Holmes Il Stan
ley and NJ +. Prosser for defendant.
Defendant, at the request of plaintiff
WI <AAkh0l TO- l'V-t fNillllll'l ms az
count books and gave to plaintiff a
statement showing n balance due him
OF $i97s0 without computing interest
thereon. Plaintiff claimed on the trial
that they discussed interest between
them and that defendants excuse foI
not computing interest was the late
ness OF The hour, The interest would
have been S225.s3, and plaintiffs sui
WAS for S72S.G3. being debt and inter
est added.
In bis evidence defendant was posi-
tive that Interest was not mentioue,
on the oeca5ion, BE- this as II may
plaintin returned ON she 18Th and ao
cepted defendants check on Bishop 4
go, for $3.50. no receipt wac glyel
nor anything then said about Interest
Tho check being presented was un
paid FOR want of funds Drtndan
explained in court ihWt. when inr 0hrr
WAS given. ho Informed ulHutn iha