The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-09
IS HAWAII
IN j. s, A.?
Question Raised With
Herbert Simpsons
Citizenship.

To jar a young mans equanimity by
challenging his declared American citi-
zenship, and that with the county cleo
ton only twelve days off, was bad
enough. But when Attorney Ashford
went further to clinch the challenge
With the contention that Hawaii is not
part of the United States. there We're
others besides the challenged young
man who opened their eyes with new
ly-awakened interest.
1t was an incident in the empaneling
of a jury in the United States District
Court for the trial of Joseph Keawe
under Indictment for embezzling, while
postmaster at Hookena. about $500 of
postoffice money order funds. The
panel had become exhausted and ac-
cording to the new practice. Marshal
Hendry would go out with venire sheet
in hand, every time a vacancy oc.
CURED, to fetch in talesman.
Charles A. Simpson was thus placed
in the box. Though he was born in
New Zealand according to one of his
answers, his statement that he was
an American citizen was accepted
without any prying into details of his
transformation. He said he had served
in that court previously as a juror, and
further back than one year.
Herbert S. Simpson was the next
talesman the Marshal Gagged. He gave
his age as "a and his birthplace as New
Zealand, saying when asked about it
that he came to Honolulu when seven
years of age. Then this dialogue &C.
cured
Are you an American citizen?"
Yes
when We're you naturalized?"
IT never was naturalized.''
''Then how do you claim American
citizenship"
My father was an American citizen
before L came of age
Mr.. Ashford submitted to the court
that the talesman was disqualified as
not being an American citizen. He
thought that IS years of age was the
limit for an alien to take citizenship
from his father.
Judge Dole thought not and indicated
where the attorney might find the
latest statute on the subject.
Mr.. Ashford had ascertained that the
talesman was brother of the last
juror accepted and before looking UP
the law asked Thomas A. Simpson if he
had been naturalized. Yes was the
answer, and Right in this courtroom
the reply to the question of where.
1T is a question if We are in the
United States,' Mr.. Ashford went on
to argue. He contended that the
statute regarding the residence of a
parent in the United States referred
only to the mainland.
j. j. Dunno, Assistant District At
torney, submitted the question without |
argument.
Judge Dole overruled the objection |
and Mr. Ashford noted an exception.
Mr.. Dunno expressed himself as |
satisfied with the jury, but Mr. Ash I
ford, having two peremptory challenges |
for the defendant left, remarked that |
he thought there was too much of one |
family on the jury and excused Her |
bert S Simpson.
H. w. Green was next presented by |
the Marshal. but on his stating that |
he was due as a juror before Judge De |
Bolt in the morning he was excused |
This left in the box, with one challenge |
by the defendant remaining the fol-
lowing eleven men, and the court ad-
journed until 10 O'Clock this morning:
Edward Lofquist, w. H. Charlock Jr.,
w. r. Riley, E. r. Biven. c. L. Wight, |
Alfred R. Gurrey, John Emmeluth,
Peter Johnson, w. w. Hail. Alonzo
Gartley and Chas. A. Simpson.
An Advertiser reporter questioned |
counsel together regarding the defend
ants exception on Simpsons citizen
ship. Mr.. Dunno stated that by chal-
longing the juror peremptorily Mr..
Ashford had lost all benefit of the ex- /
ception and, taking him into his Office
showed the reporter a decision on that |
point by the California Supreme Court
in March 1897. This was in the famous
Durant case where it was held that
while counsel for the defendant had
any challenges remaining he could not
successfully except to the composition
of the jury on the ground of the in
of any juror.
Had Mr. Ashford, therefore, left
Simpson in the box until he had ex-
hausted the defendants peremptory
he then could have object
ed to Simpson for cause and appealed |
if the objection We're overruled