The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-01-26
Geneau Fined One Dol
lar for Killing u. S.
Harris.
Unprecedented Scene in Court.
Budget Of Probate Ac-
counts Filed.

1
the Jones murder trial will be obtained
| today. Three jurors passed examina-
ton for cause yesterday, that number
| of challenges having been exercised.
But two peremptory challenges remain,
both for the defence. Eleven jurors
passed for cause are seated and a third
| special venfre for jurors, containing
fifteen names, is returnabIe at 10
o'clock this morning. Therefore equal
progress today to that made yesterday
will secure a jury.
Those challenged yesterday We're Ed
win K. Fernandez by the prosecution
and J. E. Goeas and Harry Rivers for
the defence.
One of the crucial questions put by
the defendants counsel is this in sub
stance:
IF, after hearing the evidence, you
have a reasonable doubt whether the
defendant was insane on the 23d of
August, 1903. when it is alleged he muir
dered Linda X. Jones, and the court
instructs you that the prosecution must
prove beyond a reasonable doubt that
he was sane, would you find him not
guilty?"
There We're Some protracted contests
in the examinations for cause yester-
day. That of Edwin K. Fernandez oc-
cupied the greater portion of the morn
ing session. Deputy Attorney General
Peters challenged him for cause at
three different stages, but the court
finally passed him, and Mr.. Peters, in
the afternoon exercised the Terrltory's
sixth and last challenge to retire Mr..
Fernandez. 1t is odd to note that an
other Fernandez failed to pass later,
for a fixed opinion he held, and that
there are two or three of the name Fer
nandez in the special venire return
able this morning.
Two of the jurors accepted for cause
by both sides probably made first and
second records for speedy passing,
these being Theo. Bauman and Chas.
Duisenberg. These men avoided the
exhaustive psychological ordeal that
many others underwent. They did this
by answering questions with yes and
no for the most part, instead of lay
ing themselves open to fierce inquisi-
ton by giving their views on fine tech
nical points. Both these gentlemen,
however, had the advantage over most
of the other jurors in knowing little
about the case, neither of them having
been in Honolulu on the date of the
tragedy.
ONE DOLLAR FOR GENEAU.
Edward Geneau, convicted on Mon
day night of mansIaughter in the third
degree, with a strong appeal from the
jury for clemency, was sentenced by
Judge De Bolt yesterday morning to
pay a fine of one dollar and costs.
There was a demonstration never be-
fore paralleled in a Hawaiian court of
justice upon the delivery of sentence.
An outburst of applause came from the
spectators which lasted for some min
utes. NJ. j. Bissell, one of the jurors
who found the verdict, advanced to the
desk and paid the fine which defend
ants counsel capped with a check for
the costs, Amidst these formalities
and informalities Geneau was sur
rounded by bluejacketed comrades of
the navy, with officers and others, who
fairly smothered him with congratula-
tons as they shook hands with him and
led him away in triumph.
Mr.. Douthitt opened the proceedings
with an argument for lenient sem
tence in accord with the request of the
jury. Geneaus confinement for eight
months awaiting trial was mentioned,
with a reference to his acute mental
suffering from having been within
hearing of two executions in that peri
Cd. Counsel produced a letter from
Was hington stating that sentence to
would result in Geneau's
dishonorable discharge and prevention
of his ever again enlisting in the navy.
Attorney General Andrews said a
man had been killed, neither in self
defense nor a fight, but deliberately.
After he had tried TO view the case in
every possible light it still seemed to
him that. if Geneau was dismissed with |
a fine, human life would be cheapened
and a fearful precedent be tablished.
With regard to an order from the Navy
Department proper representations he |
had no doubt would cause it to be re-
voked. 1t would be a mockery of jus |
tice if a fine We're imposed which would |
be paid by a subscription. |
Judge De Bolt spoke at some length. |
The defendant had made favorable |
Impression on the court, as a nan true |
and honorable. But for his uEsortu-
nate use of liquor and armtag himself
with a deadly weapon. the defendant |
would not have been in such position.
Though the court thought the jury.
considering their oath and the evidence.