The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-09-30
|h|S LIFE
| At STAKE
Jury Now Hearing
| Hayashida's
Case.

At 1895 yesterday morning the fol.
lowing jury was sworn to try Haya.
shida for the murder of sato at a la.
Dor camp on waialua plantation:
:. Il. Pierce. Job Naukana, Edward
Benner. c. u. Malone, c. c. Conradt
A. c. Dowsett, Wentworth NJ. Bucha-
nan, c. f. Merrneld, f. ]. Dutra. An
dreas Nelson, II. p. Kaohi and Henry
Gehring.
Fifty minutes had been spent In
completing the jury after the names
OF all OF the latest venire not excused
were placed in the trial jury box. The
prosecution at the start had one and
tte defense two challenges left, all of
which were exercised before the
twelfth man passed his examination
Besides the event of Tuesday night,
new test was put to Jurors. This was
the influence that might have been
made on their minds by the Adver-
system.
Edward Dekum, advertising manager
pr the Advertiser was especially caus-
ed to stand the brunt of this shib-
poieth. Questioned by Mr.. Cathcart
for the defense he said that after
reading an account of the murder in
the Advertiser he had strongly ex-
pressed an opinion, but could go by
the evidence. Yes, he had read the
Editorial in that mornings Advertiser.
but it would not influence him in this
fase. japanese We're like every other
race, having good and bad among
hem. lie did not think he would care
10 be tried by juror who had ex-
pressed the opinion he had.
Mr.. Cathcart challenged Mr.. Dekum
or cause and Judge Gear allowed the
challenge with the remarks:
You don't think yourself qualified
% serve even as a Massachusetts,
JUROR? You are excused"
Mr.. Prosser observed that Mr.. De-
fum had nothing to do with the edi-
orials in the Advertiser, as he was
the advertising department
Edmuhd Norrie passed for cause,
ut Mr} Prosser used his last chal-
Ange to- retire him.
Mr.. Cathcart peremptorily challeng-
c. y. Ludwigsen.
CRIME MORAL INSANITY,
A. &c. Lovekin did not believe in the
ea1h penalty, and was asked by Mr..
rXsser if he would extend his scru-
Y to the supposed case of the MUIR
of his own brother.
II believe that the authorities should
M fsecute criminals, but that they go
M D far in taking human life."
ANYou understand the law fixes the
\enalty?"
Yes, but think the law is wrong"
But you don't make the law"
My belief is that one who kills an
Their is morally insane and should be
Imprisoned"
H. E. Duisenberg did not believe in
be death penalty, but if accepted
[ould do his duty as a Juror. He
ould not hesitate, on clear evidence
guilt, to convict. The Juror passed
pr cause against Mr.. Cathcarts chal-
nge, but was peremptorily challeng-
l. This was the final challenge of
Their side, and Henry Gehring having |
zen called and passed for cause the |
anel was complete.
BELATED REQUEST.
Judge Gear, without giving the name,
entioned the case of a juror who had |
issed early in the proceedings and |
hose long detention was a serious in
,nveiience. The juror had spoken to
m privately, asking that If possible |
might be excused
1T is rather late" Mr.. Cathcart said. |
Wy challenges are exhausted. If it |
the man l think it is, l am sorry |
d not know before my challenges |
ere exhausted"
The court regretted, then, that the
Ecuse could not be granted
TRIAL BEGINS.
Mr.. Prosser on the jury being sworn,
'ened the case briefly for the prose-
ton.
Mr.. Cathcart excepted to Mr. Pros
RS statements that kiawe was "a
avy and strong wood referring to
club to be exhibited, and that it
ould be proved to the jury that "a
wardly and brutal murder has been
mmitted at Waialua."
|
sregard the statements in question.
Oscar Cox, Deputy Sheriff of Waia-
4, was the first witness.
INTERPRETATION DISPUTE.
japanese witness for the prosecu-
IN was on the stand after { o'clock,
len warm episode took place over
depreciation. The witness was ask
by Mr.. cathcart II he had been
ken out OF jail under subpoena by
Government 10 testify In this case.
Mr.. Prosser, prompted by former In
prefer Chester Doyle at his elbow,
1ected to the Interpretation OF the
estion. II was eontended that the
'stion as put TO the witness was I'M
eligible from the fact that there Is
japanese equivalent for the word
lbpoena,"
rhe discussion turned into a direct
loquy between Judge Gear and Mr..