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EVENINO DULLETIN, HONOLULU, T. II., WEDNESDAY, OCT. 12, 1910
"SHIRLEY PRESIDENT'; SUSPENDERS
arc the only mspenders made with the sliding cord la the back
wmen unstanlly tcsponds to every ,
movement ol the body and relieves ell
strain on the thouldcn and trouscr
buttons. This rriakes " S!wrley Pres
ident" SS?eiii!irs not only the most
comfortable, bui the most durable.
Ask' your i dealer for the "Shirley
PreikkM" SnspeHder the Bcnuine
The C. I. Ortofl Maaefacturim Co.
' BMILtY, MASS, U.S. A. '"
W Imitations w
' t . I I I.A.I -.
TT w , v ,.Ki1
Cut Price necessitated by arrival
of big shipment of Trunks on
Have no storage roomscjisaGrifice
. ...regular selling prices.
imI n (iio I if ii ,
1 I 1.1 "(I1 V.IJl
1 VII 'll
YCE CHAN & CO.,
Cor. Bethel and King Sts.
LEGS BROKEN IN
Drydookand Plantation En
gindfclt Come Together
Hawaii tiiU kcpii up with tho
times, njen InvUio lino ot train
wrecks, rfhoro oi a liihuj, jester
day out In tho l'carl Harbor dis
trict. A train engaged In dry dock
work and a plantation train came
together lato ) cater jay attcrnoon,
with the result that thrco men
were qulto badly Injured, one ot
them, Uus Anderson, getting his
right leg so badly crushed that It Is
feared amputation may bo necessary.
Machinist Uushnclt also suffered
n broken leg, ami both men aro now
at the Queen's Hospital.
Each train consisted ot an engine
and ono car and were approaching
a crossing at grade. lloth trains
were blowing their whistles, accord.
Ing tVi the rules of tho road, but
through some mlsundcrtandfng the
two (rains ca'tricj together with a
smash. (j I i
Quite a numbor of cmplojcs frojn
tho hlirbor section were on tho train,
and seeing that a collision wns sure
ly coining they made n'Jtimp, land
ing on the, ground with, but a Jew
There; will bo an Investigation
nlado with a vlow to placing tho
blamtf where It belongs.
Sjay Far Away From '
(VBuhao burned in one of these is
' ' without unpleasant odor
75 CENTS 75 CENTS 1-75 CENTS
Benson, Smith & Co.,
FORT AND HOTEL STREETS
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GIVEN A BEATING
Attempt to Break Up Homo
Rule Meeting Is Inglor
FlstH and hincunEii flew wildly last
night nt'n meeting of Homo Rulers
In tho. Palioa precinct, as a result of
which several rowdy Democrats woro
soundly beaten. Tho Democrat broke
In on tho mooting with loud remarks
and tho trouble camo to a climax
when Bonio of tho rowdies tried to
break up the ontlro meeting. They
were chased away and tho meeting
ON SALE TOMORROW
Tbo sale of Beats for tho first week
of tho engagement of the George D.
Howard company will begin tomorrow
at 10 o'clock at tho New Orpheum
theater box fTlcc. "Fathor nnd the
Boys," n comedy In four acts, In
which William II. Crano atarrod for
two seasons, Is the first offering to
bo submlttod by tho now company
next Molillayilght to bo followed by
Hucb well known dramas and com
edies as "The Witching Hour," ioi
garded ono of tho grcatost plays of
modorn times, "The Traveling Sales
man," "raid n Full," "Christopher,
Jr.," "Tho Private Secretary" nnd a
host of others. The Georgo U. How
ard Company, numbering fourteen
pcrformors of mord than ordinary
caliber 'and man:' tons ot scenery,
costumes Vid accosHorlcs will arrive
from tho mainland Friday noxt on tho
S. 8. Mramn. Tho personnel, which
has already been announced, Includos
somo of tho beat known stock actors
on the Pacific Coast, whllo tho organ
ization as a wholo enjoys tbo distinc
tion of being tho longest-organized
company Wntuct today. Tho New Or
pheum tbcater lias undergone a thor
ough renovation nnd now pcenory has
been painted. A first class orchestra
has been' engaged fbr Uie 'season and
will bo under tho direction ot I'rof.
(Bw-cUl IJ u 1 1 e 1 1 n C( rrtnpomlemx;.)
' H1IX), Oct. 10. Whllo politics were
much under the surface as far as llllo
town was concerned last week, tho
candidates ot nil three parties havo
been busy In tho outside precincts,
Jim .owlu and Ned Austin, tho Ko-
publlcun candidates for the Hoard ot
Supervisors, took a trip together as
fur as Laupahochoe, holding meetings
tlioro and nt unothor point on the way
home. . .. .1
The Republican candidates for Jho
House front I this side or tho Island
mado atrluB farWWaiplo. speak
ing at -all important points on the
way, and reluming to llllo last Sun
day. . )'
Bernard Kolekollo, tho "insurgent"
candidate (or tho House, also took u
ruu out' to IJiuimhocbpo and held a
meeflng'ttnfro'all by himself.
Todd nnd I'acheco, tho Homo Uulo
candidates for the Board of Supervis
ors from llllo, mado a trip as far ns
Uiupahoehoe, speaking there and at
Walkamalo. Wallea and at Honomu.
They were accompanied by tho Homo
Jlulo candidates for the House, und a
couplo of these went on as far as
Word was received yesterday that
Holsteln amlNho dther Hepubltcnn
candidates for tho House on the other
aide of the Island, had held a ropetlng
nt Punnluu lust Sundny evening1, pnd,
that they were halng meetings yes
terday ut t'ahalu and nt Wqlohlnu.
TEKItlTORV OF HAWAII r. JAMES L. HOLT.
KXOKt'TlONM 1'nilM CIRCUIT UUUIITj Klltur OIIIOl'IT. ..
Bintirmu StmimiB 21, 1910. Di.ciiii.n Si.rtt.uniJ 29, 1910.
Hautwem., C.I., 1'i:iiiiy AMI 1)K Dol.T, JJ.
GRAitn Jeat orfdlfonoj jurvra.
Of a grand Jury panel ot twenty-three, three Jurors bad not
been summoned, three had been excused by tbo court' for the
term and 1 five others temporarily. Twelve only appearing at a
meeting, the court dlrciled the drawing of five additional names
from the appreciate Jury box to (111 the panel. Held, tho addi
tional names wero alldly drawn and an Indictment found at a
meeting attended by the remaining twehc, tho five new nie'mbcri
and ono of the Jurors temporarily excused was alld.
OPINION OF THU COURT UV l'KRHY,.
An indictment against the defendant was found by the grand,
jury on February 10, 11)10, mid filed 4u the court on the ilny
iollowlng. Subscqumtly the defendant moved to ipiaah tliu
indictment on the ground, in substance, that tbc grand jury
which found it was illegally constituted. The solo exception
before us is to the denial of thut motion.
. At the time and in the manner provided by law twenty-three
grand jurors were druwn to nerve during the January, 11)10,
term of the circuit court of the first circuit. Of these, three
were not served, one or more of them living without tho Terri
tory; prior to January 8 three were by the court excused for
the term and onciithcr (J. W. Wuldron) until March 1, 11)10;
an eighth juror ( C O. llockus) was, also prior to January 8,
1010, by the court "excused temporarily going to coast to
report upon his n turn." Dockns returned to the Territory '"sev
eral days" prior o February HI, leaving again for the main
land on February 18. On the morning of February 10, when
the motion below' mentioned for additional jurors was made,
IJockua had not "reiwrloil" to the court, F. T. P. Waterhouso
was on the Island of Maui, (8. (.'. Potter wai engaged in his
usual hiiidncHS at one of the local banks, being, with one K. I.
'tspalding, jwho'waa. then Mining on the federal grand jury, tire
only person authorized Io sign the paper of the banj, and II. P.
It. Glade wns likewise serving on the federal grand jury, being
a memlicr of the regular panel in that court.. These three men,
all members of the original panel in the circuit court, bad
been excused by the foreman of the grand jury, Potter and Wo-'
terhouse from atjendanoe at the meeting of that day and Olado
apparently for the term. Pursuant to prior adjournment u
meeting of the grand jury was attempted to bo held on tho
morning of February 10 but only twclvo remaining jurors ap
peared. Thereupon a deputy of the city and county attorney
moved in court 1l!ut five additional persons bo drawn and sum
moned to" serve with tho regular panel, accompanying tho mo
tion with fhc fpllowing statement: "If iho court please, a
meeting of the grand jury was enlicd for 0 :30 o'clock this morn
ing. At mint hour a suilicicnt number did not uppear to con
stitute a quorum and cannot Iks obtained. Thnt arises froni the
fact that a number of jurors have been excused from tho panel
as originally drawn', and from tho fact thut some of tho jurors
arc out of tho jurisdiction nnd others serving on the- federal
grand jury." The motion was granted and five additional
grand jnfors dray-ruind sworn- On tho afternoon of .the, samo , ,
day a meeting ofi the grand jury was held attended by tho
twelve abovo referred to, the fivo newly sworn members and
llockus.. At the meeting the cases of ono Frcitas, charged with
assault nnd battery, and if this defendant were considered and
an indictment found against each.
Tho argument for lliu'llefendnnt is that tho foreman of the
grand jurynhnd no poWdf to e'xeuso Potter, Waterhouso or
Glade; that Bockns was' easily obtainable us a juror and that
therefore tho drawing of Iho additional fivo jurors was unauth
orized and void, und the grand jury which found the indictment
was without legal authority to do 60.
Tim statutory provision applicable to the caso is found in
section 1782 of the Revised Laws, as amended by Act 80 -of
Uio Laws of 1007, reading 'as follows: "Whenever a sufficient
number of jurors aro not drawn or summoned, or whenever a
sufficient number of jurors regularly drawn and summoned, as
. hereinbefore provided, do not upcur or cannot bo obtained, to
form a grand jury, or a trial jury in any cuse, civil or crim
inal, tho court may order tho sheriff to summon additional
grand jurors or talesmen as may bo required. These additional
grand jurors and three talesmen for trial jurors may bo sum
moned from umong tho bystanders,' if no objectiou is mado by
auy party interested. If more than threo additional grand
jurors, or more than threo talesmen for trial jurors should bo
required, or if objection is mado to summoning any bystanders,
the court shall then, and thereafter as often as occasion may
rpquire, direct that from the appropriate jury box maybo
drawn names sufficient in number to fill said grand jury panel
so that tlursamo may then contain not less than 13 or mora thnii
SUgruml jurors, or, if tho deficiency bo in tho trial jury, that
from the appropriate jury box may bo drawn not moro than 20
in number for the purpose of filling the panel und acting ns
trial jurors for the residue of tho term; whereupon tho court
shall direct the sheriff to summon tho persons whoso names have
lieen drawn to appear forthwith for the purposes aforesaid."
Tho number of grand jurors in each circuit "shall be not less
than thirteen nor moro than twenty-three." See Organic- Act,
Sec. 83, und Itulu 1 of tho Supreme Court relating to Grand
It is unnecessary to decide whether the words in See. 1782
"a sufficient number" refer to tho minimum of thirteen or to a
larger number deemed by the trial court essential to u practical
working body of grand jurors, for assuming that they refer to
1 tbo mijiimum still it' is clear that a sufficient number did "'not
appear" at the morning session of February l(i. Twelve oulyi
were jircscnt. If the word "or" connecting the words "do not
uppear" w'ith the words "cannot bq obtained" is to lie read in
its oidinury signification, the mere failure of mine than twelve
to appear was suilicicnt to justify tho court in ordering the ad
ditional five to be summoned, Tho defendant contends, how
ever, that this "or" should lie read an "and," tho argument liv
ing that otherwise the phrase "cannot bo obtained" would havo
no meaning. Passing by the jwssible objection that under tho
defendant's construction the words "do not appear" become
superfluous and assuming that tho construction is correct, still
the order was authnrircd, Xot moie than twelve jurors could
lie obtained. It is undisputed that three had not been served
nnd that four had Imtii validly excu'ed by the court. llockus
had iint vet reported for duty. Tbo leiiw of ulnenco which the
court Jind trruntrd him was to extend until ho should report and
the court by its innrtinu hod nrouiceed in his failure-to appear,
nnd, this if micht prnw;rlv do for It miclft Vol! Jintr Wn satis
'fiql (bat for business nr other reao'n'iWk'ris shbuhf o oxeiwd
iroui attendance until' Iho expiration of a few days after his
return to the Territory. Iio was still on a valid leave of ab-'
M'tieo when the order was made. The court certainly had
knowledge of the non-service on the tlnee juiors and of (he fact
that it had itself excised five. Assuming that it did not know
of the rcaoiH for the excuse of Waterhouso, Potter and Glado
it at least, by its ruling granting the motion, ratified the action,
linlcer it hud Ik-iii, of the foreman in excusing them. It
accepted the statement of the pnrccuting officer as correct, and
ratifying the excuse, ordered fivo additional jurors summoned.
Hut there is nothing in tin? record to shoW that the court did not
know why thce three men were not in attendance. It is com
mon procedure in trial courts for the presiding judge to m
privately informed in such inatler.i of the course of vents and
then'to have the mere summary of the nt comity for the action
st.'itcdiuopcucnurt.insupjiort of such u motion. The presumption
is that the drawing wns valid and that the fuels existed making
it valid and were known to the court, und therefore, that the three
jurors were cxctied by the court. "In the alfeneo of any
showing on the record upon the subject the court will, when it
is ncccsurv to do so, presume that the grand juror a excused."
17 Kflcy. 127.. See Wullh v. Stole. .11 Ark. till (10 S. W.
821, 822), and levins v. Slate, 08 Ala. 02, 111. "Courts do
not look with indulgence upon objections to irregularities in se
lecting or drawing grand jurors committed without fraud or
design nnd which have not resulted in placing upon the panel
disqualified jurors." 20 Cc. l!J0(i-7. There Is no contention
that any of the five additional jurors was djJHiiunlifird. It may
bo added that a juror who has been excused from service, even
though temporarilv only, "cannot be obtained." within the
meaning of Se1. 1782. to aid in fiiriiiinir .1 grand jury. In this
ease, even including Waldrou, Bockm, Potter. WuterhniHe and
Glade and the fixe new members, the liiatimutii of twenty-lhreo
was not exceeded.
Tt is nlo claimed for flic defendant that it is extremely
doubtful whether mi additional venire can be summoned with
out first cxhaiwtiiu; tho reineily of suniiiinnlng three bv'slandcrs,
provided no objection is made. Tl "'ceiiis to us clear that when,
us in this instance, more than three additional cnind jurors aro
required the summoning of bvstanders is not a prerequisite. ,
See. 1782 so provides exprcsly. ' " .
Tho other riuestions armed need not Ikj considered. " ,
Tho exception is overruled.
J. 11'. GATIIOA11T, City nnd CWiii Attorney, nnd F. W.
MlLVEllTON, Deputy City nml County Attorney, for tho i
KINNEY, UALLOU. PROSSIili & ANIMIISON, and A. S.
HUMPHREYS, for defendant.
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