The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-11-19
HARDY'S CASES
CONTINUED
Leea! and Other News
of interest From
Kauai.

eSaA&bs
LIHUE, (KauaD, 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 De
| chosen by lot, and another of one num-
dred persons from which the trial jury
I was to be drawn: Section OF the
amendatory Act reads: This Act shali
| take effect and be in force from ana
| after it's passage" and the Act was
approved on the 18th day of April, l90o
| 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 when
| 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 It's
report was discharged. When the case
| 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 it's 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 a new trial was given by
Mr.. Perry.
In view of the length and impor-
lance 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 test case
had been furnished in which to bring
the question before the Supreme Court,
Judge Hardy decided to await the de-
cision of that tribunal, and discharged
the jury for the term; upon the ques-
ton being settled by the Supreme
Court it is probable that a special ses-
sion of the Circuit Court will be called
and the cases disposed of.
PERSONAL AND GENERAL.
Judge Kepofkai of the Second Cir
cult is expected to arrive in Lihue on
the 18th instant when the case Nc
Bryde Estate, Ltd. VS.. Gay & Robin
son will be heard, jury waived.
The Honolulu bar was we'll 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 S4325. %
in favor of F. E. Thompson, trustee;
this is the first attachment made up
on the effects of the company, but
other stations are to be 1evIed upon.
The High Sheriff has appointed the
local operator at the Kauai station,
Mr. Hegemann. his agent in the prem
ises and the Geographic communica-
ton 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 Ia
! dies: it's objects are the study and dis
cussion of the various governments of
the world and its meetings are to be
held monthly in the social hall.
Russia and Japan will be the sub
1ect for discussion at the next meet