The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-09-26
JACK KALAKIELA.

NEUTRALITY-SUSPICIOUS. SSg SsSg ~ SSS V SS SSSS1
was received at the police station at
$3.50 p. m. but he allowed it to re-
main there overnight until this morn
ing and absolutely not a juror served.
'SThe court learns that the venire
was placed in his hands this morning
for service, but he stood on street
sumably talking politics. If that is
true that explains why we have only
few jurors present out or the twenty
six needed.
1.-The Deputy Sheriff has been gross
ly and wilfully negligent in this mat
ter 1 don't know whether, under the
circumstances, / can commit him for
contempt of court. Ny impression
yesterday was that the court had no
power but that may be unfounded.
1t seems to me the Deputy Sheriff
should be characterized as having been
grossly negligent of his duty. 1t
comes through a weakness in the
County Act The law was amended
almost out of existence. This is
duty which should devolve upon the
Sheriff who should have the power to
appoint his deputies, for they would
be entirely responsible to him then.
Now they say, 'The people elected us
and we look to the people. | think
the Deputy Sheriff should be an APP
pointee of the Sheriff and should look
to the latter for his powers.
Deputy Attorney General Prossery
prosecuting in the case of the Terri
tory VS.. Wainee, charged with murder,
and in which case the Deputy Sheriff
failed to serve the venire, arose at
this stage of the proceedings and
said:
'|In view of the facts that we al
Sheriff should be placed on the stand
and made to state under oath why he
failed to serve the venire.
Judge De Bolt replied that If he had
the power to commit for contempt he
would do so, but he was not sure even
that he could require the officer to
make a statement under oath under the
circumstances.
'.Of course he will have to look to
the voters for approval of his acts,
was the court s final comment.
At the morning session Sheriff Brown
was called before the Judge to make a
statement regarding the failure of his
deputy to serve the yenire. No jurors
had responded to the venire and .J.tdge
De Bolt wanted to know the reason
why. There was some argument be-
tween Mr.. Prosser for the prosecution
and Mr.. Kingsbury for the defense as
to what procedure should be followed,
and this was finally stopped by the
court ordering the venire recalled and
new one Issued
Judge De Bolt made the statement
that nothing had been done about the
venire except politics. Court officer
Huhbell stated that the venire had been
delivered at the police station to Clerk
Kaleiopu before 4 p m. Monday.
The court stated that as. far as he
understood the matter the Tenire had
never left the office.
On the arrival of sheriff Brown at
the courtroom he was requested to make
a statement. He replied that he had
known nothing of the matter until half
an hour previous. He left the station
at 6 p. m. Monday and had heard moth
ing of it then. 1t was matter left
entirely in the hands of the Deputy
Sheriff He said that Kalakiela was
too busy Monday night doing politics
to serve venires. If the clerk couidn t
find ka1akiela he should have turned it
over to him (Brown).
Following the Kalskiela roast the
court got down to business and the
polling of jury continued. The panel
was exhausted and a new venire issued.
Walnee is charged with having muir
dered woman at Kalihi detention
camp few months ago by beating
her.