Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-01-16

OIrOnS and empndIlC words III sup
port and defense of the unwritten law
were spoken in Judge Cooper's de-
partment of the Circuit Court this
morning when beginning was made
in the selection of jury for the trial
of William McQuaid indicted on a
charge of assault to murder Volney G.
Driver at Fort and Hotel streets on
the morning of November 4th.
Four of the veniremen declared abb
solutely that they believed in the ap-
plication of the unwritten law and
were excused after lengthy examina
tions upon that score. The jury panel
was exhausted after eleven had been
passed by City and County Attorney
Cathcart for the prosecution and the
attorneys for the defense and new
panel was order drawn.
1t was during the examination OF
veniremen Podmore that the question
of the unwritten law was brought up
by Judge Cooper. In reply to ques-
tion by Cathcart. bearing upon his
ability to render an unbiased and i'm
partial verdict in the case, Podmore
declared without hesitation that he
did not believe that he could do SO.
Further questioning developed the fact
that Podmore was an old acqualn-
tance of the McQuaid family while
living in the Hamakua district on
Hawaii and he stated without qualifi-
cation that his "sympathies would be
with McQuaid." Attorney Douthitt
for the defense endeavored to show
that Podmore would not be biased as
he imagined he would be and that
Podmore could lay aside his feelings
and judge the case solely upon the
law and the evidence presented. Pod
more did not take that view of his
momental attitude, however, and fin
ally Judge Cooper took a hand in the
examination.
For Unwritten Law.
"Dou you place any belief in what is
known as the unwritten law" was
Judge Cooper's question.
81 do" responded the venireman
with emphasis. 81 believe that under
some circumstances it is excusable
and right"
This declaration finally resulted in
Podmore being excused and in view
of his statement Cathcart asked the
permission of Judge Cooper to adj
dress a general question to the jurors
passed bearing upon the unwritten
lava subject not touched upon un- |
til Podmore's examination was reach |
ed.
Phillips Joins Podmore.
81 will ask you, gentlemen of the
jury" said the City and County At
torney. whether you have any feel /,
ing which in your mind justifies what ,
is known as the unwritten law. | ask
you this openly and honestly and hope
that you will declare your opinion, if
you hold such, to the end that we
may have an absolutely impartial
jury"
This brought a prompt response
from Mr.. Phillips who declared that
he believed the unwritten law is JUS
titled in some cases and added with
emphasis that he would adhere to that
opinion, court instructions to the con-
trary Notwithstanding. Phillips stat
ed emphatically that the unwritten
law was sometimes needed, in his OPP
inion. and while he knew nothing of
the facts in the McQuaid case his OPP
inion on the merits of the unwritten
law was firmly grounded one and
could not be set aside. Further ques-
tions by Judge Cooper brought re-
iteration of Phillips stand and hewas
then excused.
A Strong Advocate.
The third man to declare himself
an advocate in the unwritten law
was more emphatic than the two pre-
ceding him. A. Stroud was called to
the box to take the place of Phillips
and after few preliminary question
he was asked about the unwritten
law
"Do you believe that man Is JUS
tilted, under certain circumstances, OF
taking the law into his own hands and
becoming another's executioner," ask
ed City and County Attorney Cath
cart
81 do. yes" responded Stroud.
do. not believe that the courts afford
sufficient protection in such cases."
81 would like to ask the juror what
he means by the unwritten law" ask
ed Attorney Douthitt for the defense.
with all of these attorneys here
talking about the unwrltten law" res
bonded Stroud, 81 think 1t is about