Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1906-03-23

up of the jury.
out of the special venire for twenty.
FIVE jurors issued yesterday Deputy
Sheriff Kalakiela this morning return
ed the following eleven as served.
Charles w. Booth, Heinrich Gumpfer,
]. w. Mcguire. Jno II. Markham, John
Neil, Charles II. Pheiffer, David Not.
ley. o. G. Swain. Bertram Won Damn.
Julian d. Hsrries and A. b. Doak. OF
these the court excused. Markham,
Doak and NELL.
$ G. w. Booth was the first juror call.
ed. He was passed by the prosecution,
but challenged for cause by the de.
tense, the prosecution joining in the
challenge, and excused.
John w. Mcguire was called in
Booths place. He was challenged by
the prosecution on the ground that he
was opposed TO the infection of capital
punishment. and was excused. the de.
tense joining In the challenge.
David Motley was passed for cause
by both sides. and the court aanounc.
en- a recess of ten minutes. Only about
two minutes had elapsed, however.
when the Jurors were summoned into
the box again. Attorney General Pc.
tiers, who had been before the Supreme
Court while Prosser appeared for the
Territory in the Johnson case, appear.
ed before the court and said that he
desired to make a statement.
Proeser had, he said, come to him
and asked him II the jury was salts.
factory as Il stood. Peters had thought
so until he saw thatsDavid Motley had
been passed for cause. Both Peters
and Deputy Attorney General Fleming
were attorneys for Motley. He had
been out OF employment for some
time and both had given him financial
assistance. He wanted to bring this
matter before the attention Of the court
as these facts might tend to influence
! the Juror.
Harrison stated that he thought that
under these circumstances Motley was
disqualified.
Judge Robinson asked him II he
/ thought so after the decision of the
| Supreme Court whereby Justice had
been found to be qualified to hear q
case in which he had himself been
counsel
Harrison said that he still thought
80, and called attention to the statut.
whereby Circuit Court judges were
disqualified under similar clrcum
stances.
Motley stated that he would rather
be excused from sitting as a juror ant
was excused.
At this point the court took occasion
to hand a neat bouquet to Attorne,
General Peters, who had. however. un
fortunately, already left the cour
room.
THE thanks of the court is due L
Attorney General Peters for his &C
tion." said the Judge. HE deserves
the respect Of the court and the commu
nifty for coming forth with the matte
In the manly matter in which he did.
Prosser called attention to the fac
that in passing Motley for cause h,
had not been aware that the relation
of client and attorney existed between
him and Peters.
o. c. Swain was called In Motley
place and was passed for cause b
both the prosecution and the defense
The prosecution waived its fourtl
| peItHlUtOTy CHdlleHBe anu lne uelens
used Its seventh against II. T.. Cares
Julian d. Harris was called in hi
place and passed for cause.
The defense used It's eighth peremI
tory challenge on William Buckle, VIII,
was excused. Heinrich Gumpfer wa
called. He said that although he ha,
been In the country for twenty-fou
years he was not very well posted Il
the English language, as he was a ma
tive of Germany. He was therefor
excused by the court.
G. II. Pfelffer was called next. IL
had as a deputy sheriff at one time ha,
some experience with insane persons
whom he had had in his custody, bu
he did not for that reason conside
himself an expert on insanity. He wa
passed for cause.
The prosecution waived its flftI
challenge and Jas. Haughton was eN
cused on the defenses ninth challenge
As the panel was exhausted, Judg
Robinson announced that he would a
2 p. m issue a special venire. tn
fourth in the case which would b
made returnable for next Monda
morning, when the case will be re
sumed. As the defense has only tire
and tho nrocacutinn nna narapnntn N