The Hawaiian gazette., 1916-03-31
MARSHAL
FORCES court TO .
DRAW PETIT JURY
Threatens To Take Matter Into
Own Hands Unless Judge
CIemons Acts
LATTER FINALLY IGN0RS 49,
OBJECTIONS OF ATTORNEY
Contention Raised That Tribunal
Lacks Majority and Clerk .
Is illegally Appointed -

Over the objection of Attorney Rob.
ert w. Breckons, George r. Clark, clerk
Of the federal court, yesterday drew
the grand and petit Jurors for the April
term, which begins on the tenth Of next
month. The drawing of the jurors was
ordered by, Judge Clemens. despite the
protest of the attorney for Wong Bun,
a defendant, arrested and charged with
having opium in possession. The pro.
test runs only as to the petit jurors
from among whom the panel to try
Wong will eventually be selected. Nc
objection was made to the drawing OF
the new grand jury by Clerk Clark.
Breckons contends that the federal
court consists of two judges, as provided
by section SO of the Organic Act, and
that there is now only one Judge in
Office; that Foster u. Davis is clerk and
not George r. Clark; that Davis 70.
moval and Clark 's-apPointment were
Clemens, who, alone, does not consti
tute nor is a majority of the local fed
eral court.
Drawing Advanced
The drawing of these jurors yester
day was unexpected, as, after a number
of eontinuances, Judge Clemens last
week ordered the drawing to take place
tomorrow as the minutes Of the couri
will show. In view of the fact that
special notice must be given juror,
when they are drawn, Marshal |Smiddy
has been anxiously. awaiting the CON
pletion of the selection of the new jur
ors, in order to have ample notice SEM
to them for, their appearance in court
when they shall be wanted. H..
The attorney general of the Unitet
States in recent opinion held that il
the event of the court, Judge or clerl
failing to act, the marshal may draw
the jurors. When this was learned yes
terday,, il is claimed, the order wal
made Immediately for Clerk Clark :,
get busy and the jurors were drawn
The grand Jurors have been summon
cd to appear In court at ten O'Clock tn,
morning of April 10, while the petit
jurors will not be required until ter
clock the morning Of April "a. Be
tween the meeting of the grand and tn,
petit jurors il is expected that the dis
trict attorneys Office will find time &,
prepare for the trial of such cases d,
the grand jury may report Indictment
in. 4
Trials Await Huber ,.- :. ..E,
1t is also expected that 8. @. Huber
the new district attorney, whose ap
pointment by the President was con
irmed by the Senate last week, vii
arrive here in the meanwhile and BIZ
ready to grasp the lines of the worl
required in this office. &,
The regulation number of grand iur
ors was drawn yesterdav-twenty.t
fourteen of whom are from this islani
and eleven of these being from ths
':tY an one from elsewhere in Oahu
while only nine are from the outsid
islands. s-.s,.
While ordinarily seventy trial Juror,
are drawn for the federal court terms
each of six months duration, only sixty
were drawn yesterday. OF this mum
her twenty-five are from Honolulu and
eleven from elsewhere in the island
making thirty-six for Oahu; twelve
from Hawaii, seven from Maui, fouI
from Kauai and one from Niihau. Mo,
iOkai, which is unrepresented. is a part
Of the County of Maui, as Niihau is q
part of the County of Kauai.
Grand Jurors For Term z#+F
The grand jurors drawn were as fol
lows: -
Oahu-James p. Winnie, Asa N. Jac,
OLSON, Theodore A. Cooke, Arthur Cav
Robert McCorriston. Ellwood G. Wilder
David X. Sherwood, r. p. Faithful,
Jason Andrade, Richard A.. Cooke
Thomas p. Cummins, J. X. Kancpuu
and Edmund Hedemann Of Honolulu
and George Wilson, of Waialua, this
island.
Hawaii-David Forbes, of Waiakea
H.lo; F. d. Thrum. Of Kurtistown
Olaa; f. ID. Blaisdell, of Pepeekeo. and
LAMBERT II. Thompson. of iHakalau.
Kauai-Charles B. Gray of Kapaa
Manuel Jacintho of KiIauea and Waite,
f. Fkhnd Of Wahiawa.
Maui-A. N. Case Of Waiiuku and
George Il. Miner of Makawao.
The motif jurors are as follows:>
Sixty Trial Jurors
Oahu-William II. Smith of the Man
nfacturers Shoe Company, John w.
Caldwell, George W. Macy, Frank Mil.
Ter Barrere, Alfred X. Smythe, Irwin
Spalding. Joseph Andrade, stoekbroler
James +. Morgan. Representative Clar.
ence II. Cooke, Allen NJ. NOVEL;, vii,
liam Lincoln Harvev. Rudolph Auer.
bach, James w. Pratt, William L. Kerr
An~usto ". r. Via;ra, Francis Brown
John s. Grace, William J. Forbes, Dan
ioi G. Webber, John T. Warren, Pau
n. Schmidt. Francisco J. Dutra. Thoma,
Lynch, Harry @. Bruins and Il. Faxor
R'shon OF Honolulu; Ernest Il. Lyman
Harold g. Simpson, Henry Y. Voss
kuhler and Fred r. Williams of Waia
lua; Alfred M. Simpson, Joseph Schul
meister. and w. Y. Bush Of Waianae
Hu"o G, KOehlinQ of Kaneohe, Fred 8
Lyman, JT., of Paumalu, Edwin Basker
will Of InL. n