The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-06-09
IS HAWAII
IN j, S, AZ
Question Raised With
Herbert Simpsons
Citizenship.

To Jar 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 were
others besides the challenged young
man who opened their eyes with new
ly-awakened interest.
of jury in the United States District
Court for the trial of Joseph Keawe
under indictment for embezzling, while
postmaster at Hookena, about 5000 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 a 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 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 were you naturalized?"
II never was naturalzed."
"Then how do you claim American
citizenship"
MY father was an American citizen
before I 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 a brother of the last
juror accepted and before looking up
| the law asked Thomas A. Simpson if he
had been naturalized. yes was the
J answer, and Fright 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
E ford, having two peremptory challenges
1 for the defendant left, remarked that
e he thought there was too much of one
I family On the jury and excused Her.
bert S. Simpson.
II. w. Green was next presented by
: the Marshal, but on his stating that
y he was due as juror before Judge De
!, Bolt In the morning he was excused
: This left in the box, with one challenge
s by the defendant remaining the fol-
e lowing eleven men, and the court ad-
I journed until 10 o'clock this morning
I Edward Lofquist, w. H. Charlock Jr.
e w. r. Riley. E. r. Biven C. L. Wight
n Alfred r. Gurrey, John Emmeluth
Peter johnson, w. w. Hail. Alonzc
: Gartley and Chas, A. Simpson.
y An Advertiser reporter questioned
n counsel together regarding the defend
5 ants exception on simpsons citizen
= ship. Mr.. Dunno stated that by chal
/ longing the juror peremptorly Mr.
Ashford had lost all benefit of the ex.
e ception and, taking him into his office
showed the reporter a decision on thai
= point by the California Supreme Court
in March 1897 This was in the famou:
e Durant case where it was held tha
v while counsel for the defendant haC
any challenges remaining he could no
: successfully except to the composition
: of the jury on the ground of the in
o competency of any juror.
Had Mr.. Ashford. therefore, lef
: Simpson in the box until he had ex
v hausted the defendants peremptor.
I challenges, he then could have object
Q ed to Simpson for cause and appeale,
IL the objection were overruled