The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-13

ed at that hour with g. return of the
venire, the nature of which is explained
by the objection made by Mr.. Cathcart
to proceeding, at that stage, with the
empaneling.
OBJECTION TO PANEL.
Counsel for the defendant objected on
the grounds that the return showed SER
vice upon only fourteen persons and did
not show that others named in the spe-
cial venire could not be found in the
Jurisdiction of the court; that there had
not been time for "a due and diligent
search for the missing jurors; that it
was presumed the defendant had
right to the full venire, except such as
Were excused for good cause and such
as could not be found after due and
diligent search.
The objection was overruled and an
exception taken to the ruling.
ODD MISUNDERSTANDING.
John f. Soper, the first man called
to fill the vacant chair in the jury
box, underwent long examination in
which both sides took several innings.
After coming close to being excused for
cause over and over again, the prose-
cution contested the challenge for cause
and was sustained by the court.
NJ F. Prosser, Deputy Attorney Gen.
eral, in starting with the juror, in
advertently mentioned Waialua as the
scene of the alleged murder.
Mr. Soper answered with his mind
on the murder of a Japanese woman at
Waialua two or three years ago. for
which a fellow-countryma is now
serving time in Oahu Prison. The juror
admitted having strong impression of
the case and under fire of questions
went so far as to say that the impress
sion was that it was "a cold-blooded
murder When he mentioned a woman
as the victim, court and counsel laugh
ed.
Still, if the case then in court had
been reported in the papers, Mr.. Soper
was certain he read about it, for he
read the Advertiser every morning and
the other two papers later in the day.
Without prejudice against the Japanese
as a race, he yet regarded them as pc
culiarly impulsive and people that did
not look on violence the same as our
American people. Any murder case he
might read about, with a Japanese ac-
cused of the crime, would make SINH
lar impression on him to that of the
Waialua case he had been thinking of.
When Judge Gear finally asked him,
followed up more closely by Mr.. Pros
ser, about a murder at Waipahu, Mr..
Soper could not state any of the de-
tails. The answers he gave to general
propositions of a fair trial were salts
factory to the court.
A RADICAL JUROR.
John Kidwen was excused for cause
after engaging in considerable debate
with counsel and court. The time-hon-
ored maxim that an accused person is
presumed to be innocent until he is
proved guilty he regarded as "a mere
theory" If there was a strong prob
ability of guilt it was better in his opin-
ion, to hang the accused than to take
the risk of letting him go free to kill
more. At least, Mr.. KidweII centend-
ed, if the prosecution made a good pri-
ma facie case out, it was up to the
defendant to put on some evidence of
his innocence.
Mr.. Ashford, the juror related for
example, in one of the Legislative
cases" when the prosecution had rest
ed, fustered around a little and then
said the defense had no evidence to
offer. Anything like that would in
cline him to bring in a verdict of
guilty.
The panel was exhausted between 4
and O'Clock, when Judge Gear ordered
| another special venire Of SO names.
COURT NOTES.
| Through the number of disqualified
persons and those having rights of ex-
emption. Judge Robinson did not have
enough jurors before him yesterday to
| make one trial jury even without chal-