The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-19
'OPEN VENIRE
IS ORDERED
Fifty New Jurors
for Trial of
Jones.
Geo. Davis Gives Long
Explanations OF
His Trust.
The Public Works Injunction Suit
Develops Important Phases.
Other Matters.

An open venire for fifty men to serve
as trial Jurors in the empaneling of a
Jury in the Jones murder case was or
dered Yesterday afternoon, returnable at
9 80 this morning, by Judge Robinson.
| This was done on motion of Deputy At
torney General E c. Peters after the
entire list of $50 jurors for service this
| wear had been exhausted. A. G. NJ.
Robertson for the defense opposed the
motion, but after argument it was
granted by the court.
Out of sixteen jurors examined yes
terday, the grand jury being summon
ed on the spot the instant of their dis
charge as such, not a man passed the
examination for cause.
Douglas Kaona and James Brown
were retired for their scruples against
capital punishment. Harry Z. Austin
went out, after long quizzing for opin-
ion, on his claim of statutory exemption
as an attorney of the lower courts. Hen
~ Birkmyre was not an American clt1-
zen. Arch. S. Robertson had been call
ed on the former trial of Jones for the
other murder charged By consent OF
both sides F. P Mcintyre, Charles s.
Merrifeld and Harry Carl were excused
for fixed opinions. On the motion of
the prosecution, Solomon K. Nihoa,
Frank H. Armstrong, John A. Baker,
Henry Hickey and Albert ]. Lyon were
excused for cause shown in their an
swers, and similarly Arthur tombstone
IL OfI
the defense, there being contests IN sew
eral cases.
Samuel Kawaiaea, called, is yet to be
examined, as there must be twelve men
ON the panel before one can be exam
ined for cause.
LAWYERS VIEW.
An attorney not in case remarked yes
terday on the peculiar circumstances of
the examination of jurors, in that the |
defense virtually admits the killing of
Mrs Jones by the defendant and Jones !
was acquitted of the Parmenter murder
on the plea of insanity, yet jurors are
opposed and rejected upon the score of
their opinions regarding the admitted |
facts of the double homicide.
Have you formed an opinion as to |
the sanity or insanity of the defendant"
is a question thus far never put to a |
juror on his voir dire.
DAVIS COMES BACK.
George A. Davis, trustee of Rita c. |
Tewksbury, has filed an answer to the |
to his account entered by |
NJ T. Simonton, his own nominee as |
guardian ad l1tem of Flora Tewksbury, |
a minor 1t consists of six closely writ |
ten pages of manuscript, besides papers |
showing an investment of $3.50 in a |
mortgage together with check for |
$5IS.o2 having endorsed on it a state |
ment that it IS "for the purpose of buy
ing a bond for $500 at per cent in the |
interest of the principal and her children |
as an investment per instructions"
WOULD MUZZLE THE PRESS.
AS reason for his supplementary ac-
count now filed, he says it is so that |
the newspaper reporters and others who |
are constantly watching for an oppor-
tunity to print scandalouS and malicious |
articles on eX parte information may
be asked to correct them if on exam |
ination it is found that the duties of the |
trustee have been performed in a man |
ner that is satisfactory to this Honor |
able Court, and failing to so correct |
that an order may be made that no |
publication of the doings of trustees |
shall be published to the world until |
those intrusted with the management of |
trust funds shall be given a hearing and |
their evidence given in open court"
DEFENDS DOINGS.
In the supplementary account Davis
says the bond in question was called in
by virtue of an Act of Congress"
He claims, in answer to another of |
Mr.. Simonton's objections, that checks |
are the best kind of vouchers, saying |
the money was placed in the bank |
where honest men are accustomed to
place trust funds"
A law book is quoted TO justify his
spending money from the principal fund, |
contrary to the express terms of the |
trust deed, for the support and mainte-
nance of Rita c. Tewksbury's children. !
Davis says Simonton's objection on this |
score is at least premature" remark
ing:
"As the cestui que trustients under
the trust deed got the money when it
was needed | don't feel that | have
departed far from the paths of rectitude
in so advancing them their own money
-(the last four words being under
lined).
IAN EARLAlN.
With regard to the guardians objec-
ton to double charging a fee of SIS
for drawing a deed, he talks about "a
separate deed and says this plaintiff |
can no doubt explain this SIS item and |
will do So"
SOME FIGURING.
Answering the fifth objection, he says
this trustee was urged to keep suffi- |
cient money on deposit and subject to
check to provide for the support, main