The Hawaiian gazette., 1914-04-17

His advice 10 the members Of the bar
was TO do likewise and nttorneys who
stirred up dissensiona In court were not
performing their duty by themselves or
the tribunal. Judge Wilder replied that
he knew his dnty az well az the court
did N
Judge Ends Controyersy.
The controversy between the district
attorney and Wilder was brought to
close finally by Judge Clenlons when,
without further question, he accepted
the grand jury a. then constituted. The
jury was sworn in, u Morton Riggs
appointed foreman BY the court, the
charge Of the eonft delivered and the
grand inquisitors went about their
duties rs II nothing untoward had oc-
Cured ,y ~ u ts.
The fapidAre war Of words batween
the attorneys from the start when
Judge Wilder objected to the constitu-'
ton Of the jury, Jeff Mccain retalia,
tions and Judge Clemons' rulings and
explanations as taken from the stem
ographic notes Of the proceedings made
by Court Reporter Oliver p. soares, is
as follows:
A. A. Wilder--Be they are sworn
In, your honor, I'D like to interpose a
challenge 70 the. entire array on the
ground Of illegally Of drawing, sum-
moning, and empaneIlinR the grand
jurors, one Of my objections being that
yesterday when only fourteen were
found available your honor ordered nine
extra from the bystanders. I see the
venire reads from the body Of the dis
49, Ia II - H. A.. A. -.
revised statutes, more particularly Sec
tion sos as found in 4 Fed. st. An. 743
l also contend, your honor, that prior
70 yesterday, without any reason APP
pearing upon the record, certain jurors
we're excused for the term. One juror
in particular, Z. Lyman, was first ex-
cnsed by your honor until further no
tice on the ground that his wife had
broken a leg or something Of the sort,
and afterwards yonr honor excused him
for the term on the same ground. All
of which contend is improper.
JET McCarn--I IN not advised that
counsel who Il making this objection
has any case pending before the grand
jury and Il seems to me that IL would
be unusual and rather burdensome upon
the court TO have all the people in the
Territory come in here and make OBJ
jections to the grand jury unless they
had some matter before II, but as far
as know counsel is not representing
any party who Is before the. grand jury.
The Court-The court desires. to say
that In exeusing jurors the court usual
ly requires the juror to state the
grounds for his excuse in writing and
those reasons or. grounds are fled with
the clerk. The letters covering the
grounds for excuse are ON file with the
clerk or the courts secretary or stem
ographer and they re open to the public.
As. far as Mr.. Wilder 3 statement that
Il ordered the venire drawn from the
bystanders: The venire issued in the
usual form directing the choosing Of
the jurors from the body Of the district,
Mr.. Wilder-I still contend that
the statute reads rfrom the, body Of
the district. ! contend these add.
tional nine jurors 90 not come from
the, body OF the district; the body OF
the district includes the whole Terri
| toy. As / understand, the limited
| States attorney is questioning my
right to raise this point, 3e
The court declined 10 hear Mr.. Will
der further and ordered the jury
sworn. WILEY
Clerk Murphy swears the panel.
The court reads his charge. j. Nor
| ton Riggs sworn as foreman.
Mr.. Wilder-If your honor please
1 request that you further charge thin
| grand jury that witness when he IL
! summoned before this grand jury Ii
L anAt4laa a.. Lnnwr an Aha faaa ~ fhf
subpoena what person or persons ara
charged by the United States or whai
/ subject is under investigation. Thai
has been directly held by Judge Rob
| ertson in the case Of Ontai. The rea
son !, make this. request is this, thai
/ know Of my own personal knowledg'
| there was one witness subpoenaed II
blank form to scome up here 20 testify
I It WASH 4 on the form or face of thu
| subpoena what for. / contend tina
| your honor didn't 60 far enough wheI
you said person Is entitled to know
what subject is being investigated.
contend II ought to be on the face o.
the subpoena and the jury ought Il
know that.
Mr.. McCarn--The-e's q news
paper report published this morning
| to the effect, IL It means anything, i
/ means that there's been an effort Il
pack this grand jury, and | respect
| fully ask that the court order an in
| vestigation to determine whether o.
not there ID anything in that charge
| Now, II seems 20 me that IL is unfor
tunate that the court or the ofiieerl
Of the court are held up by direc
charge OF by implication that certain
people have been excluded from thu
| grand jury or that certain national
tiles shall not get on the grand jury
and when that charge is made In al
vance that no such people will get on
that means nothing or it mean
that somebody has got hold Of thu
rein aud Is preventing the proper SO
lection Of the jury. If such a thing a
that has been done, he ought to be
the guilty party ought 10 be brough
TO justice. don't know who is TIL
man, what party made that state
ment. say, If the court please,
denonnee 1t as wilfal and malicious
| ly false so far as this Office is con
eerned. The court Is able 20 TAX
care Of itself.
Nj. NU,llo. m .. 49, =.