The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-03-22
OPEN VEN|RE
is ORDERED
Fifty New Jurors
for Trial Of
Jones.
lFrom saturdays DailyD

as trial Jurors in the einpanellng OF
iurv in the Jones murder case was Of
dered Yesterday afternoon, returnable at
o:3o this morning by Judge Robinson.
This was done on motion OF Deputy At
tornev General Z. c. Peters after the
entire list OF $50 jurors for service tins
wear had been exhausted. A. G. NJ.
Robertson for the defense opposed the
motion, but after argument 1t was
granted by the court.
Out Of sixteen jurors examined yes
terday. the grand jury being summon
ed on the spot the instant OF their dis
charge as such, not man passed the
examination for cause.
Douglas Kaona and James Brown
were retired for their scruples against
capital punishment. Harry L. Austin
went out, after long quizzing for opin-
ion. on his claim of statutory exemption
as an attorney of the lower courts. Hen
nv Birkmyre was not an American citi-
zen. Arch. s. Robertson had been call
ed on the former trial OF Jones tor the
other murder charged. By consent OF
both sides f. P. Mcintyre, Charles 5.
Merrifeld and Harry Carl were excused
for fixed opinions. On the motion OF
the prosecution, Solomon X. Nlhoa,
Frank H. Armstrong, John A. Baker,
Henry Hickey and Albert J. Lyon were
excused for cause shown in their an
swers. and similarly Arthur Johnstone
and Ernest B. Clark at the instance OF
the defense, there being contests in sew
eral cases.
Samuel Kawaiaea, called, is yet to be
examined, as there must be twelve men
on the panel before one can be exam
ined for cause.
LAWYERS VIEW.
An attorney not in case remarked yes.
terday on the peculiar circumstances OF
the examination of jurors, in that the
defense virtually admits the killing OF
Mrs. Jones by the defendant, and Jones
was acquitted of the Parmenter murder
on the plea OF insanity. yet jurors are
opposed and rejected upon the score of
their opinions regarding the admitted
facts of the double homicide.
"Have you formed an opinion as to
the sanity or insanity of the defendant! T!
is a question thus far never put to a
Juror on his yoir dire.
" DAVIS COMES BACK.
Georgia.. Davis, trustee OF Rita I.
Tewksbury, has filed an answer to the
objections to his account entered by
M. T. Simonton his own nominee as
guardian ad ltem OF Flora Tewksbury,
a minor. 1t consists of six closely writ
ten pages of manuscript besides papers
showing an investment OF SI75o IN
mortgage together with check tor
S5ISo2 having endorsed on it state
ment that it is "for the purpose OF buy
ing bond for $500 at per cent in the
interest of the principal and her children
as an investment per Instructions.
WOULD MUZZLE THE PRESS.
s; AS reason Tor his supplementary ac-
count now fled he says it is so that
the newspaper reporters and others VINO
are constantly watching for an oppor-
tunity TO print scandalous and malicious
articles OIL ex parte information may
be asked to correct them if on exam
ination it is found that the duties OF the
trustee have been performed in man
ner that is satisfactory TO this Honor
able Court, and failing TO so correct
that an order may be made that no
publication OF the doings of trustees
Shall be published to the world until
those intrusted with the management OF
trust funds shall be given hearing. and
their evidence given in open court
DEFENDS DOINGS.
In the supplementary account Davis
says the bond in question was called III
by virtue of an Act of Congress-
He claims, in answer to another OF
Mr.. Simonton's objections, that checks
are the best kind of vouchers, saying
"the money was placed in the bank
where honest men are accustomed TO
place trust funds"
A law book is quoted to justify his
spending money from the principal fund,
contrary to the express terms OF the
trust deed, for the support and mainte-
nance OF Rita c. Tewksbury's children.
Davis says Simonton's objection on this
score "is at least premature remark
ing:
"As the cestui que trustients under
the trust deed got the money when i
was needed | don't feel that | have
departed far from the paths OF rectitud,
in so advancing them their own money
-(the last four words being under
lined).
CAN EXPLAIN.
With regard TO the guardians objec
ton to double charging fee OF 81
for drawing deed, he talks about =
separate deed and says this plaintiff
can no doubt explain this SIS item an
will do So"
SOME FIGURING.
Answering the fifth objection, he say
"this trustee was urged to keep sut
cient money on deposit and subject t
check to provide for the support, mair
tenance and education Of the woman an
her two children and TO pay bills nece
sary to be paid, and to build a house
etc, so that after four years, 81, ,soo,C
there is house and lot and
$1,000 in cash. sh.......,,.....,., I,2ooi
and interest paid them of.,.,,. s5+.
cash advanced Mrs. Tewksbury
for the purpose set out and TO
pay bills. ACKNOWLEDGEMENTS. 623.