Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-09-10
JUDGE WHITNEY
TO TRY NCARN
CASE SEPT. IS
Continued from page one)

defendant at earlier stages in the
proceedings had in said cause;
1T is hereby ordered that the said
above-entitled cause be and the same
is hereby transferred and assigned fol
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 Lightfoot Immediately
proceeded to .aldge Whitney's cham
bers where a brief consultation was
held, and a few minutes later the an.
nCuncement was made that the trial
would be set for next Wednesday or
Thursday by Judge Whitney Light.
foot said the defense would be rem.
resented probably by Judge A. S.
Humphreys. J. A. Magoon 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. il is understood, automatically
released Alexander Lindsay, Jr., from
further responsibility as special as
sistant U. S. 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.
The assignment of the cause to
Judge Whitney is satisfactory to both
sides, it is stated. There had been
some talk that it might be transferred
to Judge Robinson of the third divi-
sion, inasmuch 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 it
is known he would not have been de-
sired by McCarn. 1t will be remem.
bered that McCarn discussed Judge
Robinsons ruling in vituperative
terms several months ago, in the
course of McCarn's fiery speech in
his own defense IN the supreme court
when the encouragement had submit.
ted a report relative to charges
brought against the district attorney
in the ThieIen case. H.. - e..
There is considerable speculation
whether 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
newspaper accounts does not disqual.
ify a venireman, but the expression
of an opinion, after reading such ac.
counts, by the juryman to acquaint.
ances does disqualify him from sit.
ting as an impartial juror. Certainly
the Mcbride McCarn ARRAY has been
discussed Throughout the length and
breadth of the island. ~
When such disqualification are dis.
covered by counsel for either side
they may challenge the veniremen for
cause, and as many challenges for
cause may be made as valid reasons
for them can be found. Each side may
exercise only three peremptory chal.
lenges, however, according to City
and County Attorney Cathcart. On
these challenges counsel may demand
the removal Of a yenireman without
Voicing any reason therefor
The indictment against McCarn and
on which he goes to trial next week
accuses him of assaulting Mcbride
with revolver, with intent to do
great bodily harm -..srt