The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1913-10-28
GRAF 7 JURY IS
DIFFICULT
To PICK
Mcbride Would Bar Principal
Business Men of Hilo on Plea
of Prejudice Because Board of
Trade Instituted Initial Probe
That Brought County Rotten
ness TO Light.
(MalI speeiaI 10 Tho Advertiser.l

(Mail Special to The Advcrtiser.)
IIiLO, October 2i.-Last week Claud-
Jus McBryde was again the twinkling
little star which scintillated the most
brilliantly on the liilo legal armament.
His most Spectacular performance was
the challenging of a number of mem
bcrs of the grand jury, on behalf of
his client, john Kealoha, and he did
manage to put Eve Of the grand jurors
s.,n, though only as far as
the Kcaloha cases are concerned.
Mcbride attacked the qualifications
Of the grand Jurors mainly on the basis
that in signing the Impeachment charges
against kcaloha some of the grand
jurors had SHOWN themselves TO be bias.
cd against that defendant, Another
argument, to the effect that membership
in the board of trade, an organization
which had been actively engaged in the
Prosecution of Kcaloha, would be a bar
to acting as n member of the grand
Jury, was not successful.
As it was, Mcbride succeeded in re-
ducirg the number OF the grand jurors
iron eighteen to thirteen, Us far as
tie KcaiOha cases are concerned, and
as it takes the vote of twelve grand
jurors to secure an Indictment, two
gilnd Jurors Noting in the negative
vii save kcaloha S bacon in this scs-
sion.
Mcbride presented a carefully pre-
pared argBment, while County Attor-
aey$ leehan Beers did very well. Me-
Bride announced that he wished to
challenge, on behalf of Kealoha, the
qualifications OF Grand Jurors Thaau-
nm, Dcyo, Guard, Osorio, Kellner, Cool
and Leonard. He did so on the grounds
that they had all signed charges against
koaloha on impeachment proceedings
now pending, which were based on mat:
tcrs which were to come up before the
grand jury; that all were members of
the board of trade which was taking
an active part in pressing the charges
against Kcaloha; that Cool in partic-
ular, rs the principal owner of the
Tribune, had taken an active stand
against Koaloha; that they were mem
berS of the board of trade which had
paid the costs of fling the impcach-
mcnt charges in the supreme court. lie
challenged them all as being biased
and prcjudiced against Kcaloha.
Cool Examined.
Cool was the first man to be exam
med by Mcbride, and as such he had
to bear the brunt OF the fight
care you sensible of any bias OF
prejudice against Kealoha!' asked Nc.
Bride.
Cool replied that he was not.
t,ll .I,, tlp.,I Ia
{ trump, a copy of the Impeachment
charges, showing the signature of tn,
witness.
your memory in regard to the signing
of the charges against Kcaloha, are yot
not sensible of bias or prejudice -
81 am not, said Cool.
Mcbride then introduced the docu
II mcnt in evidence. "llaVc you ex
n pressed any opinion MS to the guilt o.
i innocence of Kcaloha?" he asked.
'I cant say replied Cool. 90
It have been unable to form an opinion. )
Mcbride proceeded to read to thu
{ witness the FIRST of the charges con
n tanned in the impeachment petition. TIN
f one alleging that Kcaloha had falsel,
q certified that Mattoon had workc,
n twenty days rs road supervisor TO
q North IIilo.
e care you familiar with the facts o,
d which this charge is hascd2' asked Nc
Bride.
e 81 presume | am as familiar wit
C them us the average person, answere
Cool.
4 Mcbride read the second charge, an
:, asked the witness if he had espresso
.c no opinivn in regard thereto.
20 lIeon objected on the grounds tina
" this charge rcicrred TO an alleged falls
10 certiiication ON the part OF KGaloha
,t hut this would constitute only mis-
dcmeapor, and the matter could Their,
q fore not possibly come before tn
N grand jury.
lie Mcbride contcndcd that any evdenc
G. which would show prejudice against K'
Pr aloha on the part of. Cool, was mate
rial, and the objection was override
n. 81 signed the papers with the pu
m pose Of finding our MS soon as possibl
~ If koaloba WIS guilty or not sal
is Cool, '.lf he was guilty of mafoa
et Rncc in Office, wanted him remove
FROM that office
"But did YOU believe those charge
IS. 20 ho true, when You signed theml
NorScvorcl Mcbride.
w eyes. -
~ "Ard you now believe them to |
o. truc2'
n "Ncs,'
\. "Apd r.ll you are not conscious
~ any bias although you believe that ;
~ yero chorgos which have been ma
~ spinst f'is man, nre truei''
~ ~ believe he it guilty bat that
N
H giro q inlr hcmn-, said Cool.
Are Nou O. mfmhpr Of the hoard
pa irrA"f nsarl h,l'lidr
% Nnt personally Replied Cool IN
aN nnnr dn0 uci Hppelr ru ile roll. ~
no N1i hriHH lilp 90 e0nNi'i ot the IN
lh pl iWr 'tu'ut Mcbride tool up ar}
0i uuu un ~ lrf thai although he h
NJ lowed cool 10 br "a clasn'mm Tea AZ
Il ..----.- J.. 49, -. LL..-. ~. In Ill