The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-12-13
DOESN'T LIKE
THE JAPANESE.
BerteImann IaIesman
Wouldn't Believe
Them,

III Judge Dole's court yesterday and
the day was spent in obtaining 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 We're 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
give proper consideration or credit to
Japanese testimony. AS to Chinese
testimony, Mr.. Compo said:
at would take a negro's testimony
before I would a 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 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 "Ables'' 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 q. S. De-
partment of immigration as architect
Attorney was practically the legal adj
wiser of the architect.
A special venire for twenty-five tales
men was issued on Monday, returnable
yesterday morning. This was exhaust
ed and in the afternoon another spe-
cial yenire was issued for twelve adj
ditional talesmen.
Judge Dole ruled in the forenoon, on
presentation of argument by Mr..
Strauss 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 box.
This order was carried out with
the second venire of talesmen. A great
many talesmen have been excused for
cause, on the ground that they had
formed an opinion which could not be
shaken by evidence, and some on the
ground that they We're biased and
prejudiced against Japanese.
PACIFIC HEIGHTS RAILWAY SALE
In the bill for foreclosure of trust
deed OF w. o. Smith VS.. The Pacific
Heights Railway Co, Ltd, August
Dreier, Honolulu Rapid Transit Co.
Sister Albertina (also known as Ellen
Poiybank), as trustee for Stella K.
Cockett, and Chas. S. Desky, Commits
sioner NJ. T. Simonton has filed a req Jrt
thereon.
The report deals with the commits
sioner's sale of the Pacific Heights
Ry., and the resale under the decree of
foreclosure of December 81, 1904, as adj
vertiser. The commissioner sets forth
that prior to the public sale at auc-
ton. G. G. Ballentyne entered a protest
against that certain cable, referred to
in the decree of foreclosure. being in
Guided in the property and interests to
be resold. Notwithstanding the pro-
test. but in accordance with the terms
of the stipulation. all the property was
resold, and F. E. Richardson became
the purchaser of the property for S.
000 The net proceeds of the sale real
lied s2947.25.
COURT NOTES
In the application of John Smeaton
for a writ of mandamus against the
Waialua Soda Works. Ltd, and Ed
ward Hore, treasurer, Smeaton's attor-
neys. Thayer & Hemenway, have filed
a motion for entry of judgment for
costs. The matter will come up for
hearing before Judge De Bolt on Thurs
day at 9 a. m.
David Dayton, administrator of the
estate of Louis Adler, has filed his ac-
count, charging himself with s3S5s %.
and asks to be allowed the sum of