The Hawaiian gazette., 1905-11-21
HARDY'S CASES
CONTINUED

VVuv utB n ~
LIHUE, (RauaD, November 15.-The
Jury trials of the regular November
term of the Fifth Circuit Court came
TO an abrupt end today through an or
der from Judge Hardy continuing all
the cases on the criminal calendar to
the next term and discharging the trial
Jury. Under the jury law Of 1908 the
Jury Commissioners were required to
furnish the court with a list of names
of one hundred and fifty persons quail
fed to serve as jurors for the calendar
year, and from this list both the grand
and trial juries were dawn: the legis-
lature Of 1905 amended this law and
provided that the commissioners should
make two lists, one Of fifty persons
from which the grand jury was to be
chosen by lot, and another of one hun
dred persons from which the trial jury
was to be drawn Section Of the
amendatory Act reads: This Act shall
take effect and be in force from and
after it's passage" and the Act was
approved on the 26th day of April, 1905.
In conformity to the law. as amended,
the Jury Commissioners of the Fifth
Circuit filed two lists, Of fifty names,
and one hundred names respectively,
and from these lists the juries for the
July term, 1905, were drawn. In Oc-
tober the Supreme Court decided that
that portion of the amendment which
refers to the jury lists to be filed by
the Jury Commissioners, does not go
into effect until December or the pres
ent year. The amended law having
been applied in the Fifth Circuit at the
July term, the court saw fit not to re-
verse itself, and ordered the jury for
the November term drawn under the
same authority; the grand jury after
a long session found indictments in
twenty-five cases and after filing its
report was discharged. When the case
1.-THE Territory of Hawaii VS.. Yamada,
Hironaka and Suda" extortion, was
called for trial. A. Perry, Esq, in be-
half of the defendants challenged the
array of the grand jury on the ground
of its not having been drawn in con-
formity TO the law of 1903. and moved
to quash the Indictment: the court
overruled the motion and the trial pro-
ceeded, resulting in the conviction of
the defendant Yamada: an exception
was taken to the verdict and notice of
motion for new trial was given by
Mr.. Perry.
In view of the length and impor-
tance of the criminal calendar as also
the expressed intention OF the attorneys
representing the defendants under in
dictment to file similar motions in all
the cases on the criminal calendar, to-
gether with the fact that a test case
had been furnished in which to bring
the question before the Supreme Court
Judge Hardy decided to await the de-
c9sion of that tribunal, and discharged
the jury for the term; upon the ques-
tton being settled by the Supreme
4ourt it is probable that special ses-
3Sion of the Circuit Court will be called
iand the cases disposed of.
I PERSONAL AND GENERAL.
Judge Kepoikai of the Second Cir
b cult is expected to arrive In Lihue on
the 18th instant when the case Nc
Bryde Estate, Ltd, VS.. Gay G. Robin
son will be heard, jury waived.
The Honolulu bar was well represent
ed in the court room today. in the per-
sons of Cecil Brown, ESQ, and Messrs.
Kinney, Thompson, Rawlins and
Crook
A levy was made today by High
Sheriff Henry upon the property of
the Inter-Island Telegraph Co. at Ma
wiliwili to satisfy a judgment entered
in Judge De Bolts court for $4S25 So
in favor of F. e. Thompson, trustee;
tI,t fe, h.
on the effects of the company, but
other stations are to be levied upon.
The High Sheriff has appointed the
local operator at the Kauai station.
MIR. Hegemann, his agent in the prem
Uses and the telegraphic communica-
tion between here and Honolulu will
not be interrupted.
The Literary Club which was Or
ganized by the ladies of Lihue in Oc-
tober of this year. held it's first regu-
lar meeting today in the social hall,
was duly christened the Mokehana
Literary Club, and proceeded to elect
the following officers for the ensuing
year: President, Miss Elsie Wilcox:
vice president, Mrs. Chas. H. Sweet
ser; treasurer, Mrs. Fred Carter: and
secretary, Miss Kate Christian. The
club boasts a membership of forty la
dies; its objects are the study and dis
cussion of the various governments of
the world. and its meetings are to be
he'd monthly In the social hall.
Russia and Japan" will be the sub
ject for discussion at the next meet
ing.