The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-24
JURY YET
INCOmP
Johnson Murder Trial
Prosress--Cre
Case Heard.

Shortly after p m. yesterday the
johnson murder case was continued
until Monday at 10 a. M, the jurors
Ialready passed for cause having at the
iclose of the morning session been ex-
lcused until that time. The eleven are
as follows, and, at the stage reached,
at least eight of them will stay to try
the case: Wentworth NJ. Buchanan,
John Coffee. Julian D. Harries, Chas.
j. Ludwigsen, Harry Lyman, T. H.
Petrie, Chas. H. Pfeiffer, o. c. Swain,
IS. A. Walker, John Waterhouse and E.
TO- White.
At the morning session Chas. w
I Booth was excused for cause, also J.
w. Mcclure, and David Motley. as a
client of Mr.. Peters, excused by con-
sent. O. c. Swain passed for cause,
| the prosecution waived it's next chal-
lenge and Mr.. Harrison challenged H.
| E. Cares. Julian D. Harries passed for
| cause and Mr. Harrison challenged
| VIM Buckle. Heinrich Gumpher could
not write English and was excused.
Chas. H. Pfeiffer passed for cause, the
prosecution waived it's next challenge
and the defense challenged James
Haughton. This exhausted the panel
and, with eleven men in the box pass
| ed for cause, the prosecution had one
challenge and the defense three chal-
| lenges remaining
| Judge Lindsay ordered the drawing
of a special venire of % jurors, the
i fourth so far, returnable on Monday
morning.
Accordingly, at p. M, the following
| names were drawn: o. K. Walker U.
S. Hagerup, Chas. G.. Cooper Eugene
| NJ. Campbell, A. NJ. Mellis, VIM. r.
Wilson, Richd. Weldon, Bernard Wag-
goner, Jacob Lando, B. F. Beardmore.
L. C. King, John H. Drew, Fred. Me
mann. S. F. Rice, VIM. r. Foster, D.
6. Styne. Thomas Gill, Jas. N Tag
gard, Willard E. Brown. Thos. D.
Stroup, Jas. McCabe, H. P. Roth, VIM.
E. Kimball, John A. Johnson and An
dreas Nelson
| a jury ought to be obtained at Mon
| day mornings session.
| CAMPBELL WILL CASE.
| Before Judge Lindsay yesterday
morning there was d hearing on the
construction of the will of James
Campbell Messrs. Stanley. Dunno,
Robertson, Thompson, Clemens and
parties interested, were in attendance.
The bill and the answers We're real.
when the court ordered briefs to be
filed within ten days by Mr.. Dunno
for Princess Kawananakoa Mr.. Pc
tiers for the Campbell minors and Mr..
Watson for the Kawananakoa minors,
reply briefs within five days thereafter
and then closing briefs by the first
mentioned within five days more.
THE DREDGER CASE.
The Supreme Court constituted by
Chief Justice Frear Justice Wilder
and Circuit Judge De Bolt in place of
Justice Hartwen yesterday heard the
motion of defendants to quash the writ
of error in the case of Territory of
Hawaii VS.. Cotton Bros. & Co The
writ is intended to void Judge Lind
says order granting new trial, jury
having awarded the Territory $4,000
for the loss of dredger while under
lease to defendants. Judge Gear had
previously cabled an order for new
trial from San Francisco. following
this up with written opinion filed af-
ter his term of Office had expired.
S. H. Derby argued for the notion
the gist of his contention being that
the writ was q collateral attack which
according to the books, could not be
maintained.
Attorney General Peters denied that
Judge Gear had jurisdiction when he |
made his order, hence the theory of |
collateral attack fell to the ground. |
Judge Gears opinion, even if valid. |
contained no judgment or order but |
merely said that a new trial should |
be allowed Judge Lindsay did not |
l, l, h.
dered a new trial, and was without |
any jurisdiction whatever in the case. |
Mr. Peters contended that the decision |
of the Supreme Court already rendered |
was entirely conclusive of the issues.
Mr.. Derby made a brief reply, when |
the case was taken as submitted
COURT NOTES.
Judge De Bolt continued the hearing |
of plaintiffs bill of costs in the case |
of C. A. Brown VS.. John D. Spreckels |
and others, as he had to sit on the |
Supreme Court bench.
Charles Costa has filed a receipt to |
S. B Dole, guardian of Anthony Zab-
Ian. minor, for the balance due him in |
final account, being SSH including in
terest accrued in savings bank. |
Fabian sent an order from Seattle to |
Costa TO collect the money.
Q @ . . z q q q z e z z < 4 Q % 10
about it's validity or legal effect. In
the Goto case last year, a case in
which l sat-a case which became very
Important discussed the necessity of
changing our laws in conformity with
the decisions of the United States Su-
preme Court. I certainly thought that
the laws ought to be changed and l
do not remember particularly all with
whom I discussed the matter I re-
member saying that legislation ought |
to be prepared and cover the whole
ground, and suggesting the question of
whether one bill would not cover the
whole ground. I remember seeing Mr..