The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-12-23

Juror that Andrews had stated he could
get conviction for higher crime
don / remember Just who. | told him
/ doubted if Andrews could get con
viction if | couIdn I.
Wanted to Get Lane.
There was a statement made by one
of the jurors, and that was that they
wanted TO get Lane on higher charge
that they wanted TO get him punished
for some higher charge. | said in my
opinion there was no law by which he
could be punished for higher otfense.
HE SAID THE LAW OUGHT TO BE
STRAINED. OR SOMETHING TO
THAT EFFECT.
''Of course, it is difficult to remem-
Der all that was said. Some Of it was
rather hot-warnI talk. Some of the
jurors were very angry with me for
preventing Andrews appearing.
Il don t remember any particular
juror saying these things. | remember
that among those who said various
things was Church; and there We're Nc
Stocker and Bockus. They did most
OF the talking.'
Ibid you hear any remarks deroga-
tory TO Lane by any members9" asked
Douthitt,
mo; no remarks except that THE
LAW SHOULD BE STRAINED. That
may be called derogatory.''
u viii ask yol, Mr. Cathcart, Gin
terrogated Mr.. Douthitt, whether at
he time of the meeting there was any
expression by the members of the grand
Jury which showed prejudice or bias
against Mr.. Lane:'
To this Mr.. Cathcart made reply:
one | told YOU Of. that there ought to
De some law to punish him. | told them
t was for me TO stand up for the law
and uphold it. | told them it was my
duty TO prosecute according to the law
md to uphold the Law
Attorney Lorrin Andrews then cross
examined Mr.. Cathcart.
Can You remember who it was who
said that the law should be strained to
get Lane?'' he asked
''No, replied Cathcart; 81 only re
member it because of my answer that
| was there to uphold the law
Ibid you gather from that that that
member was bitter against Lane?'
Il certainly did replied the city
attorney; 4 thought the whole grand
jury was bitter against Lane.
But that did not impress upon yoIr
mind who said it. continued Andrews
1t was my idea the grand jury was
going in a way that it should not. =
This answer was stricken out by order
of the court.
"'You say you told him | ought to
know better and [ did not say any
thing resumed Mr. Andrews. Did
You not say What is this man Andrews
doing here?' And did | not say tina,
l could explain very easily, and did you
tell me that you We're addressing Mr.
McStocker?i
''Some one said I was not helping
myself before the grand jury, and
said [ didn't care whether l was o,
not answered Cathcart.
You retaliated in that way die
you, was asked. Eyes, suppose so.
~ retired then did l not?'' asked
Andrews.
"Yes.''
Was it not a comparatively short
time after you appeared before the
grand jury7''
eyes. about five minutes. 81 remem
Der while YOU were there they were in
sisting that you be allowed to give ad
vice.
At that time Judge Cooper, who wa:
porting over the transcript of evidence
said that he was looking over the ties
timonv to see whether the grand jury
should not be called again.
1.-The statement made by Mr.. Cath
cart is the most serious phase which
has been brought up in this case, - said
Judge Cooper. eff the advice and dis
cussion was based upon prejudice. bias
and animus, [ want to know it.
1.-The issue has been clearly raised
by Mr.. Cathcart that the members did
have feeling against Lane and wanted
him indicted LAW OR NO LAW as
Mr. Cathcart has stated. That is the
most serious phase of this matter
"Then / want to know if that is a
conclusion of Mr. Cathcart - said An
drews, "or whether that is the state
ment of the grand jury, individually OF
as a BODY
1.-The conclusions must have heeI
formed by some statement" said Judge
Cooper. Il prefer to hear direct from
the grand jury for ! consider that the
most serious matter which has beer
brought up before me. -
The order Of the court was made thai
the grand jurymen should be subpenaed
to appear at two o'clock this afternoon
-.
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