The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-08

bit, another grand Juror who helped TO
indict O'Sullivan, was retained on that
point though excused for fixed opin-
ion on the case. This contradictory
dealing with the point relating to the
grand Jury was caused by the raising
of an objection by Mr. Hogan in Bah
bits case after the other two jurors
had been excused for that cause. Mr..
Prosser would not press a challenge for
cause since the defendants counsel OBJ
jected
Humnell's turn came next, in a reg
ular way, and he repeated his excuses
that he was not registered voter and
that he served on the grand jury Mr..
Creighton challenged him for cause on
the grand jury proposition, going direct
" contrary to his associate counsel III
Rabbits case.
Judge Gear here interposed and said
defendants counsel ought to agree on
one thing or another.
Mr.. Creighton said the empaneling
was in his charge,
Mr. Prosser said they could save ex-
ceptions both ways by their conduct.
Mr. Creighton replied that the idea
of shystering in the matter originated IN
the brain of the Assistant Attorney Cen
eral.
Judge Gear remarked that defendants
counsel had furnished appearances to
give foundation for such surnlise.
Mr.. Prosser stated that Mr.. Creighton,
when the question about the grand jury
was mooted to him, poohpoohed the idea
of one man being qualified to serve as
grand and trial juror in the same
case.
The court excused Hummell.
J. A. NJ Johnson's case brought up
the question of registered voter. Judge
Gear wanted to hear argument on it.
Mr.. Prosser thought it had been ruled
on. Mr.. Creighton held that registra-
| ton was not qualification for voting
| but a condition Mr.. Prosser said the
| Supreme Court had SHE'D at the ques-
| ton Johnson was passed for cause, but
the contest was later renewed when E.
Kaai was called He was of age, but
had never registered nor voted.
Mr.. Prosser called attention to the
Supreme Courts decision in the case
of Geo. H. Fairchild VS.. Board of Re
gistration The decision referred to the
| Organic Act as making registration a
qualification of voter.
Judge Gear. after looking over the
citation, said the Supreme Court had
not decided the point. He asked If the
| defendants objected to challenge for
that cause Mr.. Creighton answered in
the negative.
| Mr.. Prosser stated that his sole object
was to obtain duly qualified jurors. He
would not challenge where the defend
ant was satisfied Juror was qualified.
Neither had he any peremptory chal-
lenges to offer as the jury was then con-
stituted.
Mr.. Creighton challenged E. P. Chap
! in peremptorily and another name was
called.
Again Mr.. Prosser accepted the jury
for the prosecution. and the defense hav-
ing no more challenges the following
jury was sworn to try the case:
James Brown, John c. Lane, ]. "A.
Roth, Ernest Kaai, Joseph ]. Dias, G.
ID. Malone, 7. A. NJ. Johnson, Harry
Carl, John H. Craig, Geo. Dillingham;.
GRAND JURY CHARGED.
AS a result of the second draft on the
jury list the following grand jurors ap-
peared yesterday morning and, being
briefly charged as to their functions by
Judge Gear, proceeded to the discharge
of their duties:
A. A. Dunn. R. H. Worrell, John COT
fee Albert Trask, Henry Cook, ]. ].
Egan, A. s. Robertson, John Andrews,
F. L. Dortch. ]. D. Tucker, E 0. K.
East, H. R. Macfarlane r., Fred. Tur-
rill E R Biverls, Alexander Lyle, d.
H. Davis and William Dunbar.
The Judge appointed ]. d. Tucker
foreman, and Eugene Buffandeau bailiff
of the grand jury.
INTERPRETER WANTED.
Just as Judge Gear was ordering the
| noon recess, Deputy Attorney General
| Peters came in and asked for the ap-
| pointment of Japanese interpreter for
the grand jury Chester Doyle had help
ed to obtain the evidence in japanese
cases and was therefore not available.
Judge Gear did not know where to
get good man. He was sorry to be
deprived OF Doyle's services Mkt was
suggested, but the court would not ac-
| cept anyone connected with the police.
Doyle mentioned Ono, but when he said
| he was more or less connected with law
Offices Judge Gear would not have him.
1t would not do. Some Porto Ricans
| had been let off after conviction on &C
count of misunderstanding about evil
dence
Mr.. Peters obtained the temporary
noon, that gentleman having consented
to see the Government through pinch,
for the case then under consideration
only.
AT 3 o'clock, for want of Chinese
interpreter, the grand jury adjourned
until 10 O'Clock this morning.
DISCHARGED BY DEATH.
A case OF murder in the first degree
was stricken from the calendar by order
of Judge Gear, on motion of Assistant
Attorney General Prosser. because Of
the defendants death The man was
Liu Lock, indicted for killing Lam
Tshung Chin. an insurance clerk in the
office OF w G. Irwin & Co. He died
OF heart and lung trouble while awaiting
trial from the June term.
The crime was committed on June %.
Liu Lock went to Chin's house in the