The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-01-09
is GRAND JURY
LEGALLY DRAWN?
fhis Question Is Aulatinp the
Two Judges Of Circuit
Court Now.
lFrom sundayis Advertl,rr.)

ttrom sundays hdNeftittrl
Whether the present grand jury drawn
for the circuit court can legally take
its seat Is a question which is agitating
court circles Judge Robinson holds that
there was faulty drawing, and Jadge
Cooper said that the drawing was made
according to law.
The jury is to report tomorrow morn.
ing to Judge Robinson, and it is like
ly that the body will be challenged
when it returns the first indictment in
court, That Indictment may be Of Har.
ny Murray, charged with manslaughter
in the police court at present.
When the jury was drawn twenty
nine names were taken from the box
in Judge Cooper's court, while the law
states that the drawing shall be of
not less then thirteen nor more than
twenty-three names. Perhaps nothing
will be done about the matter until a
challenge is made by some attorney. If
such move should be made, it seems
probable, say attorneys, that the whole
jury will be discharged and a new
drawing take place before any indict-
ments can be returned.
The jury was drawn by Judge Cooper,
as he offered to do it while Judge Rob
inson was especially busy, although as
the jury reports to Judge Robinson the
names should have been drawn in his
court. When names were drawn from
the box which Judge Cooper knew were
exempt from serving for one cause and
another, these were laid aside and 9th
ers drawn in their places, there being
six such laid by and six new names
being taken from the box to make the
total of twenty-three.
Cooper Is Certain.
Judge Cooper holds that his action is
perfectly legal and the jury as finally
made up is legal jury, and that there
is no question about it. When names
were drawn of persons residing on the
other side of the island they were cast
away as additional expense would have
been laid upon the court in having them
serve.
Other names, of persons on the fed
eral jury or of employees of territorial
government, were also dropped as they
are exempt from duty on the jury, if
they so desire.
81 don't believe there is anything
wrong with that jury said Judge
Cooper last evening, when asked about
it. "Some names were cast out owing
to additional expense in bringing them
here to serve, as well as others L knew
had the right to be excused from duty
for one cause or another I don't be-
lieve there is any question as to the
legality of the jury"
Robinson Has Doubts.
Judge Robinson has an entirely diff
ferent view, as he explained it last
evening, holding that but twenty-three
names could be drawn from the jury
box as a grand total, and that no person
was exempt unless he asked to be ex-
cused from duty personally.
"The law plainly states, according to
my understanding, said Judge Robin
son, "that from thirteen to twenty
three names shall be drawn from the
box to constitute the grand jury. Not
more than twenty-three can be drawn.
Then, in case there are any exempt
from duty, they can be excused by the
presiding judge when they make ap-
plication to him to be excused 7 don't
think Judge can take Judicial notice
that the person whose name is drawn
on the jury is exempt from duty and
excuse him. This action must be taken
when the man asks to be excused.
As there were more than twenty
three men drawn on this jury don It
believe it is legal as now constituted,
and I think that its legality can be
challenged by a person who is indicted
by it. Tt looks to me as if another jury
would have to be drawn to serve for
the present year, as I see the question
now" concluded Judge Robinson.
Those drawn to serve on this jury
which is under discussion are: Henry
A. Along, Bernard r. Beeardmore,
Harold K. Castle. Chas. Lucas, VIM. II.
Soper, Arthur F. Wall, Edwin Fl. Paris,
James L. P. Robinson, Arthur Berg,
Richard A. Cooke, Chas. s. Desky, JOS
A. Gilman. Theodore r. Lansing, Gin
ton G. Owen, Gustav Z. Schaefer, John
Waterhouse, Harold B. Giffard. Frank
r. Richardson, Jas. w. L. Mcclure,
Walter f. Shaw, Ernest c. Winston,
William W. Harris, William Wolters.
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