The Hawaiian gazette., 1904-10-04
IN QUEST
OF A JURY
First Days Work
In Miranda'S
Trial.

A beginning was made before Judge
Gear yesterday in the empaneling Of
a jury to try Jose Miranda, indicted
for murder in the first degree for the
killing of Samuel Edward Damon a
week ago tonight. Attorney General
Lorrin Andrews and Deputy Attorney
General NJ. +. Prosser appeared for the
Territory, Geo. A. Davis and Frank
E. Thompson, assigned by the court,
for the defendant.
Miranda was closely guarded in
court, having been unmanacled out
side. He looked more serious than on
the previous days he was brought in,
and a somewhat wan appearance re-
placed to a certain degree his former
bold demeanor.
Judge Gears regular panel for the
term has but three or four men to
spare when those specially excused
and those disqualified are counted out.
Hence opinions requiring evidence to
remove and scruples against capital
punishment soon exhausted the panel.
Three talesmen were called without
objection from the defense, but soon
the rigid questioning of jurors left only
eleven men on the jury dais again. A
special venire of 40 names was then
ordered to issue, returnable at 10
O'Clock this morning.
The courtroom was packed with
spectators, including some Porto Ri
cans, during the proceedings. 1t was
a close and sultry day and the at
mosphere of the chamber may better
be imagined than described.
HAYASHIDA SENTENCED.
Hayashida, tried for the murder of
\ his japanese countryman Sato at Wal
alua and found guilty Friday night of
manslaughter, was sentenced yester-
day by Judge Gear to the limit of the
law-imprisonment at hard labor for
twenty years. Addressing the prisoner
in passing sentence, the court told him
he had to thank his counsel j. w.
Fathcart, for saving him by the ability
pf his defense from conviction of the
{crime that would have called for the
death sentence. The court could see
no Mitigating circumstances, nothing
in his case that could reduce the cow
ardly cruelty of his crime. In the
courts opinion a verdict of murder
in the frs. degree could fairly have
been returned.
The court considers that you are
guilty of most cruel, brutal and
cowardly crime" Judge Gear said.
After you had beaten a man with a
stick until he lay senseless on the
ground you deliberately hunted for an
other stick, having broken the first
on your victims head, and went back
TO where he lay PROSTATE and beat him
to DEATH"
THE PARKER CASE.
S. NJ. Ballou, of counsel opposed to
j. S. Lows suits to GUST A. w. Carter
from the guardianship of Annie 7. K.
Parker, a minor, yesterday succeeded
in having advanced on the Supreme
Court calendar the petition for writ
OF prohibition to restrain Circuit Judge
Gear from taking jurisdiction in any of
the proceedings now pending.
In his argument Mr.. Ballou objected
to the heading in all of the papers in
the case, excepting the latest decision
of Judge Gear. The heading, I'm the
Circuit Court of the First Judicial
Circuit" he held was wrong. Judge
Gear gave the right caption, Before
a Judge of the Circuit Court of the
First judicial Circuit at Chambers
If the case should go up to the Su-
preme Court of the United States up
on the enormously headed papers, that
tribunal would be apt to decline juris-
diction for the reason that no Federal
question appeared on the face of the
records. The point raised by the writ
of prohibition is a Federal issue in that
1t questions the authority, under the
Organic Act, of a Circuit Judge to take
jurisdiction of equity and probate mat
ters AT chambers, that enactment of |
Congress emitting to give Circuit |
Judges at Chambers" any share of |
THE judicial power" of the Territory. |
such as the Hawaiian statutes gave |
them under the monarchy and the re-
public
Mr., Ballou pleaded the Importance |
of the issue In asking the court TO adj |
vance the ease, also TO give him two |
weeks 10 prepare briefs.
j. A Magoon objected 10 delay and |
dlllydallying He was ready. The case
was one needing an operation II was |
not such formidable matter 10 need |
"a long time for preparation. Mr. Bal |
lon ought 10 be- able 10 prepare his /
case by Friday o. even Thursday |
next
chief Justice fraar announced that |
ihe case Nonld be advanced ana SCI for |
hearing Week from Monday neat
TIE nAoEf CASE
The motion 10 dismiss liafrHon " |
AaHo4n. a ~. M laHeY cure fase /
sas he hfaf onr afsued and snhmliisa
~ ihla aesHlan If he supreme Court |
Ana afnfz nrrhATfp
Nfs nanf afHHHa lans ana earnestly /