The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-27
One JUROR
IS LACKING
Gear Talks All Day on
Disqualification
Point.

| One Juror is still lacking for the
johnson murder trial. As all chal-
| lenges are exhausted the first man pass
| ing examination for cause will complete
the twelve to try the case.
Judge Robinson ordered the fifth
| special venire of twenty-five men from
the regular jury list yesterday after
noon. Previous venires have yielded
only about half the number of jurors
named therein. The list returnable at
| 10 clock this morning is as follows:
Clifford Kimball, Geo. Trimble, Mel
son B. Lansing. Edwin Benner, Jas. E.
Jaeger. Julius Asch, Chas. G. Murasky,
Chas. Radcliffe, VIM. Barclay, Percy NJ.
Pond, John II. Fuller, r. H. P. Lish-
man, Geo. K. Kaia, Chas. D. Wright,
Geo. II. Cowan, Geo. ]. o. Neil, Paul
Jarrett. Clinton w. Crandall, Manuel
Costa, Geo. w. Clark, Walter Starbird,
VIM. Fl. Soper, Frank j. Wallace, Geo.
w. Farr, Geo. 2. Thfelen.
The defense yesterday challenged
Chas. H. Pfeiffer, o. c. Swain and VIM.
T.. hiulUdtI. altCI It's bAlio
on Friday last, the prosecution waived
its remaining three challenges IN their
order.
DISQUALIFICATION
Former Judge Gear held the forum
all day before the Supreme Court, ar
guing on the questions of disqualified
ton of Justices which he raised in the
Higashi habeas corpus case. At the
suggestion of Chief Justice Frear, the
attorney for petitioner assumed that
the Motley decision was erroneous.
This was to give full scope to the ar
gument, as on Friday last the court
invited a re-opening of the disqualih-
cation point in that case.
Mr.. Gear widened the range of his
contention from the previous hearing,
in answer to questions suggesting that
the Justices were disqualified from
constituting any of the Revised Laws
which had been amended by them, or
under their supervision. Chief Justice
Frear and Justice Wilder were mem
bers of the so-called Code Commission
to compile and revise the laws. Justice |
Hartwell is said to have assisted in |
drafting the enabling act to legalize |
the whole book. Counsel for Higashi |
did not argue this point, however, but |
that it would be presented |
50 in the near future by ADLER counsel |
than are engaged in this case
Justice Wilder most of the time led |
the fire of questions at the former Cir I
cult Judge and lively dialogue often
Mr.. Gear was very emphatic
IN insisting that it was wrong for |
judges to assist in legislation, not re-
.eding from the position even when
pointed to the statute providing that
the Chief Justice should recommend |
certain legislation.
The argument goes. on again this
Deputy Attorney General
prosser represents the Territory, on
Ter granting the writ of habeas corpus
he matter is up.
COURT ITEMS.
Counsel for plaintiff in Brown VS..
7idual affidavits of the twelve jurors,
Zach of whom deposed that Judge De
Bolt s remarks in the jury's absence,
published by the papers, did not infiu-
,nce him in arriving at a verdict.
Bishop & Co.'S side in the Peacock
corporation fight yesterday fled "a
)rief
Attorney Ashford filed brief for
he widow in the Rosa estate dover
.ase
The January term grand jury met
1t will meet again tomor-
ow to consider the draft of it's final
eport