Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-09-10
JUDGE whitney
TO TRY M'CARN
CASE SEPT. IS
Continued from page onel

is disqualified to preside at the trial
of the above-entitled cause, by reason
OF his having been counsel for said
defendant at earlier stages in the
proceedings had in said cause;
1t Is hereby ordered that the said
above-entitied cause be and the same
is hereby transferred and assigned for
trial, and all further proceedings, in
the division or department of said
circuit court which is presided over
by Honorable William l.. Whitney,
second Judge of said circuit court"
Cathcart and Lightfoct Immediately
proceeded to DIdge Whitney's cham.
bers where brief consultation was
held, and few minutes later the an.
ncuncement was made that the trial
would be set for next Wednesday or
Thursday by Judge Whitney. Light.
feet said the defense would be rep
resented probably by Judge A. S.
Humphreys, j. A. Magcon and him.
self. Cathcart will handle the prose
cution unassisted save perhaps by
the assistants of his own Office. The
dismissal of the indictment in federal
court, it is understood, automatically
released Alexander Lindsay, Jr, from
further responsibility as special as
sistant u g. district attorney, and he
will not join with the prosecution in
the forthcoming trial unless specially
retained just as any other lawyer in
private practice might be called into
il. tt-A
The assignment of the cause to
Judge Whitney Is satisfactory to both
sides, 1t Is stated There had been
some talk that it might be transferred
to Judge Robinson of the third divi-
sion. inasmnch as he has handled the
bulk of the criminal work the last
few years No mention of his name
was made this morning by anyone act
lively interested in the affair, but 1t
is known he would not have been de-
sired by McCarn. It will be remem-i
bered that McCarn discussed Judge
Robinson's ruling in vituperatiye
terms several months age. in the
course of McCarn's fiery speech in
his own defense in the supreme court
when the attorneys general had submit.
ted a report relative to charges
brought against the district attorney
in the Thielen case.
There is considerable speculation
trial jury can be obtained
without considerable difficulty. 1t is
likely there are few citizens on Oahu
otherwise qualified to sit who have
not read more or less OF the details
OF the affair in which McCarn is ac-
cused Of attempting to shoot Claudius
H. Mcbride. The mere reading OF the
accounts does not disqual.
ify venireman. but the expression
Of an opinion, after reading such &C.
counts, by the juryman to .acquaint-
ances does disqualify him from Sit
ing as an impartial juror. Certainly
he Mcbride McCarn ARRAY has been
discussed throughout the, length and /,
breadth of the island.
When such disqualifications are dis. |
covered by counsel for either side |
hey may challenge the veniremen fori
'ause, and as many challenges for |
,ause may be made as valid reasons !,
or them can be found. Each side may
exercise only three peremptory cl1al-
enges. however, according to City |
md County Attorney Cathcart. On
hese challenges counsel may demand /
he removal of a venireman without |
Ioicing any reason therefor.
The indictment against McCarn and
N which he. goes to trial next week
Iccuses him of ASSEMBLING Mcbride
With a revolver, with intent to do
reat bodily harm.