The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-12-15
DOESN'T LIKE
THE APANESE

Froin Wednesdays Advertiser.)
The Bertelmann case was taken up
IL Judge Dole's court yesterday and
the day was spent in obtaining a Jury.
At p. m. the examination of possible
jurors had not been concluded and the
remainder of the special venire was
rogue sted to be in attendance at 10 a.
m. today Among the last jurors to be
examined were Mr.. Compo and Mr..
Simpson, the latter of Levers &
Cooke, and Architect Traphagen.
Mr.. Compo objected to serving on
the jury on the ground that he would
not believe Japanese witnesses. He
was of the opinion that he could not
Japanese testimony. AS to Chinese
testimony, Mr.. Compo said:
II would take a negro's testimony
before l would Chinaman's."
1t is almost needless to say that Mr..
Compo was excused from duty as a
juror.
Mr.. Simpsons examination revealed
the fact that he was a member of a
grand jury about a year ago which
found an indictment against Bertelmann
on a charge similar to the one under
which he is now to be tried. He serv-
ed as secretary on the Potter" grand
jury. The present indictment was
found by the cables" grand jury. Mr..
Dunno and Mr.. Straus had a set-to
over the indictment feature, the judge
ruling finally against Mr. Straus, hold
ing that the Potter" indictment was
remote and the witnesses not the same,
and this would not be cause for Mr..
Simpson not serving.
o. G.. Traphagen, the architect, was
excused on the ground that he possess
ed a commission from the U. S. De-
partment of immigration as architect
for work here, and that the District
Attorney was practically the legal ad-
wiser of the architect.
/ A special venire for twenty-five tales
men was issued on Monday, returnablt
yesterday morning. This was exhaust
ed and i'm the afternoon another spe-
cial venire was issued for twelve ad-
ditional talesmen.
Judge Dole ruled in the forenoon, on
presentation of argument by Mr.
Straus. that the clerk of the court, in
stead of calling upon talesmen from
the list as has been the custom
should draw the names from a box
This order was carried out with
I the second venire of talesmen. A great
many talesmen have been excused fol-
I cause, on the ground that they hat
| formed an opinion which could not bt
/ shaken by evidence, and some on th'
ground that they We're biased ant
| JananaSa
/ PACIFIC HEIGHTS RAILWAY SALE
In the bill for foreclosure of trus
deed of w. o. Smith VS.. The Pacifi
Heights Railway Co, Ltd, Angus
Dreier, Honolulu Rapid Transit Co
Sister Albertina (also known as Ellel
Polybank). as trustee for Stella X
Cockett, and Chas. S. Desky, Commits
sioner NJ. T. Simonton has filed rer Jr
thereon.
The report deals with the commits
sioner's sale of the Pacific Height
Ry., and the resale under the decree o
foreclosure of December 81, 1904, as ad
vertlsed in the Pacific Commercial Ad
vertiser. The commissioner sets fort
that prior to the public sale at auc
tion, c. G. Ballentyne entered a protes
against that certain cable, referred I
in the decree of foreclosure, being in
cluded in the property and interests &
be resold. Notwithstanding the pro
test. but in accordance with the term
OF the stipulation. all the property wa
resold, and F. f. Richardson becam
the purchaser Of the property for So
600. The net proceeds of the sale real
ized s2s47.25.