The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-05-27
GRAF TIERS JAILED
Continued from page one)

the other members of the committee
and one of other witnesses showed
that the voucher was pure fake, the
services never having been performed
at all.
The decision of the Supreme Court
contains a number of very Important
rules of law, sustaining Judge De
Bolts rulings on many difficult points
raised during the trial 1t is by Chief
Justice Frear, Hartwel and Wilder
concurring. The syllabus contains the
following:
The provision Of Act 30, Sec. Z, Laws
Of 1903, that there may be one or more
sessions of the Circuit Court OF the
First Circuit at the same time and that
each session may be held by one Of the
judges is not i'm conflict with the Or
ganic Act.
IF any error was committed i'm stri5-
ing defendants motions to quash the
indictment and challenges to the grand
jury from the files, it was harmless fer
the reason that the grounds upon
which they were based were after
wards made the subject of plea in
abatement, which was considered on
its merits.
when Winfred II. Rabbit appeared
and served as a grand juror i'm response
to a summons to Winnifred II. Rabbit,
the variance was not fatal, as the
names are within the rule of idem So
mans.
The finding a true bilr signed by
the foreman of the grand jury, al
though at the foot instead of ON the
back of the indictment, is an Endorse
ment' within the meaning of rule II re-
lating to grand jures.
"A conspiracy to commit a criminal
offense of lower grade than the con-
spiracy is not merged i'm such Offense
WREN completed.
Although two Independent offenses
cannot be charged as such in the same
court it is usual and proper to set
forth in an indictment for conspiracy
the acts done i'm pr guance Of the con-
spiracy, and it is immaterial that
such acts constitute an offense,
provided they are charged merely by
way of aggravation or otherwise as
done in pursuance of the conspiracy,
and not as an Independent offense
The constitutional provision for a
speedy trial was not violated by a re-
and continuance to the next term,
when the request to proceed was made
on Monday of the last week of the
term, the day on which the plea Of not
guilty was made, and the next term be-
gan the following Monday.
a plea of not guilty valves objec-
tions to grand jurors, and a refusal to
leave to withdraw such plea for the
purpose of filing a plea i'm abatement
based on the ground that one of the
grand jurors was disqualified is within
the discretion of the trial court, not
subject to reversal except i'm case Of
abuse.
"Conspirators jointly indicted are not
entitled to separate trials of right, and
a refusal to allow them to be tried sep
arately is within the discretion Of the
trial court, not subject to reversal eX-
cept i'm case Of abuse.
An exception to the Overruling Of a
motion to quash a special venire OF
trial jurors based on Irregularities all
legged to have been made at previous
terms affecting the list of names I'm the
trial jury box, cannot be considered
when the records alleged to show such
irregularities are not brought TO this
court.
"A juror Is not necessarily disquali-
fed because he has an opinion which it
would require evidence to remove. The
question is whether he could decide
fairly and impartiaIy on the law and
the evidence I'm the case, and that is
question largely in the sound discre-
ton of the trial judge.
frf.. ID O.