The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-04
To PREVENT
i, =, OUTLAWRY
De Bolts Prescription
=. Against Mob Law. vs..
Court Notes.

warrant or special Venire before the
grand jury was charged by Judge De
Bolt yesterday morning. Every grand
juror answered to his name on roll call.
Charles Phillips was appointed fore
man, and r. ]. Kellett bailiR of the
grand jury.
Judge De Bolt in his charge inform
ed the grand jurors that no special
matter was given them to investigate.
In addition to standard instructions
the court gave them the following gen.
eral directions:
Included within the scope of your
duties are those matters to which the
Court may from time to time direct
your attention, or which may be SUBJ
mitted to your consideration by the At
torney-General, or his deputy, as also
to matters which may come to your
knowledge from evidence adduced be-
fore you, or from your own personal
observation. You will give no heed to
mere rumors and unfounded reports,
such matters are usually partisan and
without substance, and are only calcu-
lilcO " serve d SELFISH ana
purpose. Justice is not administered
along those lines. The purpose of the
grand jury Is to subserve the interest
and wishes of the honest people of
this community. and not of those op-
posed to law and ORDER
FOR OTHERS ALSO.
1t would not do other than good to
the interests of justice if the following
remarks from the charge were taken to
heart by both ,awvers and trial jurors
as well as he members of the gran
inquest:
Il deem it opportune and fitting at
this time to call the attention of the
grand jury, as well as all who have to
do with the administration of criminal
justice, to the Importance of a speedier
procedure in criminal cases with a sur
er and more certain conviction of the
guilty and acquittal only of the in
nocent; this, to the end that mob vio-
lence may never have a pretext upon
which to base it's awful deeds of cruel
ty and barbarity in these fair Islands.
AS stated by Mr.. Frederick n. Judson,
in the American Law Review of July
August, 1908. There is a distinct pop
ular demand, which has not yet found
1u1I SApIGSSOh III lcSiSldltOl1s 1oI d
speedier procedure in criminal cases.
Lynching is very largely the express
sion of popular discomfort with the ex-
listing delays in criminal procedure.
The number of accused parties who are
killed by mobs in the United states
is said to be greater than that of the
criminals who are executed by law
Gentlemen, in these statements there
is food for serious. conscientious
thought. We should so administer
criminal justice in this Territory that
the contagion of mob violence will not
take hold of the people,
CALENDAR CALLED.
After the delivery of the charge the
calendar was called and dates set for
many criminal trials. Pang Klaus trial
for assault begins this morning, and
will be followed by that of All On for
taking a bride as a police officer.
Jim Kupihea, captain of the famous
red shirt brigade had his trial for
election fraud set for tomorrow. Steph-
en- Mahaulu, embezzlement. comes up
on Thursday. Solomon Meheula, gross
cheat-a relic of the 1903 Legislature
caseS-had his case set for the oath
inst. Philip Naone's trial for wife
liluI bci - NON IL AOl 1IcLy L 49,
ta's criminal libel case was at first set
for the leader today, but later was
deferred until Monday, April II.
DEAD MANS PROMISE.
w r. Castle has filed an amended
complaint in his assurnpsit suit for
s765.44, together with attorneys fees
and costs. against w. O. Smith. exec
utor of estate of w. L. Wilcox, de-
ceased. The case originated in notes
for $500 and 500 made respectively in
1885 and 1892 by the late S. K. Kupi-
hea, secured by mortgage on Molokai
property. Before his death on July 8.
1899, Kupihea had paid some interest
at the agreed rate of II per cent per
annum. Both before and after Kupi-
hea's death Wilcox, the complaint
shows. had induced plaintiff to delay.
foreclosure of the mortgage, undertake
ing to pay the interest and, when he
could get a deed of the land, the prin-
cipal due On the mortgage. Kupihea
was a relative of his wife and he was
raising taro on the land. Wilcox paid
overdue interest of 1880 on one note and
s1OG On the other besides sundry later
payments of interest of which the
amounts are not stated. After Will
cox's death the mortgage was fore
closed, realizing $61.76, and plaintiff
claims damages in the amount above
given On account of the delaying of
foreclosure.
When the claim was presented
against the estate of WILCOX, the exec
utor rejected it in a letter stating
that he did so on the grounds that he
had not sufficient evidence that the late
W. L. Wilcox agreed to assume pay
ment of the Kupihea notes.
COURT NOTES.
Judge Lindsay approved the accounts
and ordered the discharge of Father
H. Valentin, executor of the estate of
Margaret Moorhead. deceased.
W. O. Smith was appointed by Judge
Lindsay as ancillary administrator of
the estate of the late Clara F. Nor
rison.
]. J. Sullivan and ]. Buckley denlur
to the complaint in the suit of Hawai-
ian Trust Co., Ltd, vs.. a. V. Gear ct
al. on the grounds of misjoinder of
parties defendant and lack Of facts.