The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-16

present empaneling the case would not
have reached a parallel with that of
Utah quoted.
1t was at this point that it was de-
cided TO utilize the grand jury panel.
When all is said, the prospects are
thickening that, unless a jury be OBJ
tanned without many more hours of
delay. there will be no trial of Edward
NJ. Jones at this term. There is a bare
fortnight left anu if the trial is begun
ard not ended before the term expires
a mistrial must be entered.
YESTERDAYS SITTING.
To fill the vacant chair left at the
close of Mondays proceedings, Thomas
Andrews. H. p. Benson, Chas. P. Os-
borne, Albert Trask, B. S. Gregory and
]. NJ Webb We're called yesterday fore
noon. All but Webb were excused for
cause and recess was taken at noon
with his case undecided, Mr.. Peters
making a strong fight for time and Mr..
Robertson adversely probing his adj
mitted opinion" to the bottom.
In the afternoon, Mr.. Webb passed
for cause, when the prosecution per-
emptorily challenged BENZ. f. Vickers.
Then J. ]. Sullivan, Herbert C. Aus
tin and Geo. Makalema were excused
for cause. The trial jury box was now
empty of names.
LANGUAGE TEST
The language line was drawn a trife
finer than usual in the empaneling
process yesterday. A strong fight was
made on the qualifications of Albert
Trask, a well known native Hawaiian
building contractor who has figured on
Government contracts for many years.
Deputy Attorney General Peters chal-
lenged Trask for cause, arguing his
want of sufficient knowledge of the
English language to understand the
bearing of the evidence, the instruc-
tions of the court and elements of the
trial generally. Mr.. Peters, replying to
the opposing remarks of Mr.. Robertson,
would grant that the juror had speak
ing acquaintance with English, even to
the extent of thinking the figures of
contracts in that language, but from
the answers he had given on examina-
ton it was clear that he did not I'M
derstand some words commonly used by
court and counsel in discussing law re-
lating to evidence Granting that the
juror was a Hawaiian of exceptional
ability and intelligence, yet he was
wanting in sufficient knowledge of the
language of the court to be a competent
juror, especially in so intricate a case
as the one at bar.
Mr.. Robertson doubted if one in ten
average jurymen understood every
thing that they heard at the trial of a
case.
Judge Robinson allowed the chal-
lenge and Mr.. Trask looked surprised
when told he might depart.
George Makalena was another Ha-
waiian excused on account of unfamili
arity with the English language, but
in his case no fine point existed.
QUESTION OF CITIZENSHIP.
There was a lengthy controversy
over the question of the citizenship of
Thomas Andrews. His father was an
American citizen and Andrews came to
Hawaii at nine years of age. Twenty
one years ago he married a Pleasant
Island woman and he had voted under
different regimes here, beginning with
that of the Reform constitution of 1887.
Still he possessed neither Hawaiian
nor American citizenship papers. Mr..
Robertson, who contended for his re-
tention, was given time to consult rec
ords at the Capitol, but he failed to
find the name of the man. Judge Rob-
inson granted the challenge for cause.