The Hawaiian gazette., 1904-03-29

changing the venue for a criminal
trial, Judge Robinson yesterday denied
the motion of Deputy Attorney Gen.
eral Peters to change the venue in the
case of Edward NJ. Jones, indicted for
murder, to the Kauai Circuit. The
main ground of refusal was that all the
resources for a fair trial in the Oahu
Circuit had not been exhausted.
THE COURTS RULING.
Judge Robinson's ruling was sub
stantially as follows:
1.-THE prosecutions motion for change
of place of trial is denied. 1t is denied
without prejudice. In denying the mo-
ton do not wish to be understood as
holding that there is vested in this
Court no power to change the place OF
trial in a criminal case upon suff1-
cient showing that a fair and impartial
trial cannot be had in the place where
in the crime as charged is alleged to
have been committed.
while 1 am strongly of the opinion
that Section 627 of the Penal Laws is
unconstitutional and void because it
reposes in a public official an arbitrary
and unrestrained power, 1 think that
SoeCllOn llft OIL TIE SlNll lIdWS Is lOl
open to the same objection; that is,
subdivision 8, as it was under the law
passed in 1892, subdivision 5 as amend
ed in the Session Laws of 1908"
LAWS IN QUESTION.
Section 627 of the Penal Laws, which
stitutional, declares:
T.. l,on l,, x,,f,, for w.t. Of
record or judge thereof, at any stage
of any criminal proceedings depending
therein, whether the venue be by law
local or not, to order that the venue
be changed, and to direct that the trial
be had in Honolulu or in some partic-
ular judicial circuit in such cases and
for such reasons as the justice of the
case may require, and subject to such
conditions as the court or judge may,
in it's or his discretion, impose"
Section 1144, subdivision 8, of the
Civil Laws, says:
ANY Circuit Court may, upon salts
factory proof that a fair and impair
tial trial cannot be had in any case
pending in such court, and after the
parties thereto shall have had oppor-
tunity to be heard change the venue
to some other Circuit Court and order
the record to be transferred thereto;
provided however, that any Circuit
Court may in it's discretion, upon the
consent of all the parties to any civil
cause pending in such Court change
the venue to some other Circuit Court
and order the record to be transferred
thereto"
TRIAL NEXT TERM.
Mr.. Peters, on the denial of the mo-
ton, stated las matter of courtesy"
and SO that the defense might have
time to act accordingly that he would
bring up the case of Jones for trial
on the opening day of the April term,
and 'in this Circuit" he added in an
swer to Mr.. Robertson for the defense.
Judge Robinson remarked that Judge
De Bolt would have charge of criminal
matters at the ensuing term, but might
assign the Jones case to himself Il
take it, the Judge said, that I am
not disqualified to sit in the matter on
account of preliminary proceedings al
ready had"
The great difficulty will be to obtain
a jury. AT the present term the entire
list of $50 jurors for the year was ex-
hausted when several peremptory chal-
lenges remained to be exercised. There
We're number of jurors excused for
business reasons, temporary i'll health,
etc, and there is a bare possibility
that twelve men might yet be found
out of the $50 to try the case. If the
Jury Commissioners could be required
to fill up the places of those under and
fhnca Of Itch,
and the aliens on the list, it would
help
HEARINGS YESTERDAY.
Judge Gear further heard the injunc-
ton case of Sidney NJ. Ballou against
Mutual Telephone Co. Godfrey Brown,
treasurer of defendant was on the
stand the latter part of the day.
Hatch & Ballou appeared for plaintiff;
Smith & Lewis for defendant.
Following are passages from the eX-
of Mr.. Brown:
The Court-"Now If Judge Stanley
wanted to have desk telephone put in
his house you could charge him $40 a
month. couldn't your
Witness-"No."
Q.-"What would keep you from do
ing it?"
AMY modesty."
Mr.. Lewis for the defendant asked:
What is the cost, then, of the Blake |
phone?"
THE old Blake telephone. now they |
are given to you in the East II you |
take them away" Mr.. Brown replied |
The Court-"Is that the kind you are |
using here?'
Mr.. Lewis-"Your residence phone ] |
understand is your Blake phone?"
Witness-"Yes."
Judge Robinson was hearing the In |
junction suit Of william Mccandless |
against Lee chu. To enJoin the removal |
of buildings from premises on which |
the lease Is expiring. ]. Lightfoot |
for plaintlff II, w. Breekons for de- |
PENDANT