The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-13
HEAVY KONA
JUDGMENT
lvanhoe Case Argued.
Challenges in Jones
Case Begin.

Justice De Bolt yesterday gave judg-
ment against Clinton ]. Hutchins, trus-
tee of the Kona Sugar Co, at the suit
of w. W. Bierce Co, Ltd. Judgment
| is for plaintiff to recover the property
sued for, or. falling to recover which,
its cash value of $4,000, together with
damages of six per cent interest on
that amount from June l, 1903, to date
of judgment.
THE MURDER TRIAL.
Twenty-one men appeared before
Judge Robinson yesterday morning as
newly summoned Jurors One after an
other was tried on his oath for cause
why he should not serve upon the jury
to try E. NJ. Jones for murder and found
wanting, until Henry Gehring passed
the ordeal early in the afternoon ses-
sion with but four names left in the
box.
Judge Robinson now decided, per-
emptory challenges being next in or
der, the question as to rotation of chal-
lenges which had been argued on Fri
day afternoon. The Hawaiian statute
says that the challenges shall be ex-
ercised by the prosecution and the de-
Tense alternately" If this We're con-
strued to mean one about, then, when
the prosecution had exercised it's six
challenges, the defense with it's total
allowance of twelve challenges would
have absolute power to dismiss, with
out cause shown, one-half of the jury
and not man drawn to fill the places
of the six men so dismissed could lie
peremptorily challenged by the Terri
tory. On the other hand, by requiring
the defense to exercise two challenges
directly after each challenge by the
prosecution, until both sides were sat
isfied or the challenges allowed were
exhausted, the Territory would have
something to say about the personnel of
the jury until the empaneling was com
pleted. Citing an Idaho decision as au-
thority, Judge Robinson decided that
the challenges should proceed in the
order of one by the prosecution to two
by the defense until a jury mutually
satisfactory was found or the chaI-
lenges allowed by law were exhausted.
CHALLENGES BEGIN.
j. j. Egan was challenged by the
prosecution. His place was filed by
j. H. Craig, after an examination in
which the juror surprised the court
with the information that he had never
served on a jury before. There was a
good deal of amusement over a test of
Craig's admitted opinion applied by
Attorney Robertson. Witness was ask
ed if he could discard the opinion that
existed II
STA if evidence contrary to the fact
were produced. He did not think it
fair question, as there was no reason
able doubt about the war, while there
might be facts disclosed in the trial of
Jones which, considered with the law
given by the court, would be conclusive
over any casual opinion. Mr.. Robert
son noted exceptions when the court
ruled to pass the juror for cause.
Isaiah Bray was challenged by the
defense. There being no more names
in the trial jury box, Clerk Siluonton
was directed to place therein the names
of available jurors. These We're found
to number forty-nine and special
venire for them, returnable at 10 a. m.
Monday, was issued to the High Sheriff,
AT $50 the eleven jurors passed for
cause Were excused until tomorrow
morning, under caution not to discuss
the case outside.
TAX RETURNS SUSTAINED.
BY unanimous decision, written by
Justice Perry, the Supreme Court af-
firms the judgment of the Tax Appeal
Court in the matter of the assessments
of The Kash Co., Ltd, and the Pacific
Hardware Co., Ltd The Kash Co. re-
turned its stock at a valuation of $685.
043.74, which was raised by the asses
sor to $45,054.67 On appeal of the tax
payer to the lower court, it was sus-
tanned and the assessor appealed. The
Pacific Hardware Co. returned its
stock at valuation of 500, Al, which
the assessor raised to s31S,074.61. On
appeal the taxpayer was sustained and
the assessor carried the case to the
Supreme Court. The gist of the deci-
the law requires for the basis of tax
alton, necessarily means neither the
inventory value nor forced sale value,
but the ordinary salable value. We
are satisfied" the decision concludes,
that in each case the valuation placed
in the inventory was higher, and that
returned not lower, than the cash
value, and therefore affirm the deci-
sionS appealed FROM Robertson &
Wilder for the assessor; Smith & Lewis
for the taxpayers.
MORE JAPANESE UP.
Five japanese, arrested for selling
woman, on a warrant issued Friday
We're brought before Judge Dole yes
terday, proceedings in the Ivanhoe case
being suspended for the purpose. Dis
trict Attorney Breckons asked for the
| release of two of the prisoners, as in
vestigation failed to show their guilt,
and the committal of the remainder for
examination by the U. s. Commissioner
a week from tomorrow, under bonds
Of $1,000 each. 1t was so ordered.
IVANHOE TRIAL ENDS.
Judge Dole heard argument in the adj
miralty libel of four sailors against the