The Hawaiian gazette., 1906-03-27
JURY YET
INCOMPLETE
tFrom Saturdays Advertiser)

(From Saturdays Advertiser)
Shortly after D. m. yesterday the
Johnson murder case was continued
until Monday at 10 a. m, the Jurors
already passed for cause having at the
close of the morning session been ex-
cused 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.
]. Ludwigsen, Harry Lyman, T. H.
Petrie, Chas. II. Pfeiffer, o. c. Swain,
$. A. Walker, John Waterhouse and E.
o. White.
AT the morning session Chas w.
Booth was excused for cause, also j.
w. Mcclure, and David Motley, as a
client of Mr.. Peters, excused by con-
sent. o. G. 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 Gumphery could
not write English and was excused.
Chas. II. Pfeiffer passed for cause, the
prosecution waived its 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 special venire of 25 Jurors, the
fourth so far, returnable on Monday
! morning.
Accordingly, at 2 p. M, the following
! names were drawn: o. X. Walker u.
S. Hagerup, Chas. G. Cooper. Eugene
NJ. Campbell, A. NJ. Mellis, VIM. f..
Wilson, Richd. Weldon, Bernard Wag-
goner, Jacob Lando, b. f. Beardmore.
L. C. King, John II. Drew, Fred Me
mann, S. +. Rice, VIM. r. Foster, d.
G. Styne, Thomas Gill, Jas. n. Tag
gard, Willard E. Brown, Thos. d.
Stroup. Jas. McCabe, H. p. Roth, VIM.
f. Kimball, John A. johnson and An
dreas Nelson
jury ought to be obtained at Mon
day mornings session.
| CAMPBELL WILL CASE
Before Judge Lindsay yesterday
construction of the will of James
Campbell. Messrs. Stanley. Dunno.
Robertson, Thompson, Clemons and
Watson, variously representing the
parties interested, were in attendance.
The bill and the answers were real,
when the court ordered briefs to be
filed within ten days by Mr.. Dunno
for Princess Kawananakoa, Mr.. Pc
( ters 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 Hartwell 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 veid Judge Lind
says order granting a new trial. jury
having awarded the Territory $25, 900
for the loss of dredger while under
lease to defendants. Judge Gear had
previously cabled an order for a new
|
this up with a written opinion filed af-
ter his term of office had expired.
S. II. Derby argued for the motion.
the gist of his contention being that
the writ was a 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
collatera 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
have the record before him when he or
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 brief reply, when
the case was taken as submitted.