The Hawaiian gazette., 1914-02-27
GASES TO
'Rlta GRlNB yBRY
Kealoha, Norman Lyman and Viii
liam Lai Hip Charges
Again Up.
(Mall speeial 70 NC AdNertiser.l

(Mail Special to The Adyertiser.)
lliLQ, February 2O.--The grand Jury
viii meet next Thursday. There are
not many eases to be presented before
II, but those which will be presented
are important ones Among them arc
several arising IRON the county invcs-
lig6tion. 1hey include d number OF
ioigay charges against Supervisor John
keafoha, an enibezzie, rent charge
against former supervisor Norman X.
Lyman, pnd an einbcziiement charge
against former Clerk Of the Police Court
WIN. Lai Hip.
The other cases include the. Of Brau.
Ito Ronquillo, a Filipino who is charged
with murder in the first degree Ne is
alleged TO have cut off the arm OF a
feilow.eountryman, who bled to degth.
This happened at Piihonua Pedro Sa-
nap, also charged with murder, is al
legged TO have killed q Filipino in Ha-
tnalSua with a pair of scissors. Julio
Rivera, charged with burglary n the
FIRST degree, is alleged to have stolen q
ten-dollar guitar at the Honomu depot.
Q Unique Jury Trial.
The cases arising out Of the miscon.
duct of four young fellows, Dias, Silva,
sherwood and Napoleon, involving
Agnes Kaluna, young hawaiian girl,
came to an end finally last week after
they had caused a great waste of time
and considerable excitement before the.
circuit court,
While the facts of the eases in chief
were revolving rather than interesting,
there were many other points which
made the. cases quite spectacular, and
they repIained so until the end.
When Sherwood had been found not
guilty Of the first offense against him,
and when the ease against Silva had
been nolfe pressed, the prosecution en-
tered charges of soliciting against both
these defendants. Silva Immediately
entered q plea Of guilty, ON which ne
was given a sentence of imprisonment
for month.
,5 "A Plea in Bar.
Sherwood, on the other hand, through
his attorney, Ciaudius Mcbride, inter,
posed q plea in bar, alleging that he was
being placed twice u, jeopardy for the
same 6ifense. Reclaimed that the jury
in the first case against him could, on
the very same facts, have found YER.
diet Of soliciting against him.
On this showing Mcbride demanded
jury hearing on the plea in bar, show
ing that 1t was not only question OF
law which was involved, but that a
question of fact was involved as. we'll.
The calling Of a jury in such circum-
stances was without precedent in this
jurisdiction, and il is not remembered
that q similar procedure has ever been
followed in Honolulu. Mcbride was,
however, well founded in his contention
that he had a right TO insist on his
demand, and the court held With him.
SO an entirely new jury was drawn
and sworn for the sole purpose of sit
ting on the question Of the plea in bar.
Got Nowhere.
The affair turned out to be most
amusing. The burden Of proof having
naturally, been shifted to the defense,
Mcbride called Clerk of the Court Le-l
Baron Quincy to testify with regard
to the first case against Sherwood, the
one in which he had been found not
guilty by a jury, tt,
What is your nnmei" asked Me-
Bride. u. LIZ. ....s.,. .2fg ...ritr.
GA. s. LeBaron Quincy" was the
answer '@., fHt@'sS
lyon are the clerk Of the fourth cir.
cult court ~ o.. 20 .r.,sss. 81 4
' eyes. - ...-. . 81. I
After this Mcbride attempted to get
at the meat of the matter, but Deputy
County Attorney Heen, who conducted
tho case for the government, interposed
objection after objection with such sue
cess, that when Mcbride finally rested
his case all he had shown was that lie
Baron Quincy was the clerk Of the
court. ~. \
On this showing the court, en- b mo.
tion from Heen, instructed the jury to
return directed verdict adverse to
the validity of the plea in bar, which
was done. ....rz. ,..'..I "a
Mcbride Immediately noted an excep,
tion, not neglecting to state as his
grounds that the verdict was "contrary
to the weight of the evidence, - which
he did WITH full appreciation of the
joke.
The rest of the criminal cases were
held over until next month. None of
them are of much Importance.