The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1869-12-04

conclusion than that a jury would most probably place no
more reliance on his testimony that l do and I confess lam
Mr.. Dayton, the Deputy Marshal, stated tina, when he called
once, and mos, frankly and readily gave him all the aid in his
his books, and in every way acted with the most perfect
candor and fairness, a fact always Of much Importance in the
guilty knowledge is the matter to be ascertained. Any attempt
al coneeaimen, or suppression being always damnatory to ths
In his favor. II the defendant had knowingly purchased and
more or less manifested a consciousness Of it, which the lynx
eyed and experienced officer would mot have hiied 70 detect;
The foregoing Is n fair epitome OF thsevidence on the part OF
the Crown On the part of the defendant. his own TWO clerks,
that the defendant had never seen any of The bone until after
his arrival at his Office about nine O'Clock in the morning, and
absolutely nothing whatever, of The mode or time of bringing il
there, and tie Attorney General, on a strict cross.eSamination,
has entirely failed TO elicit n solitary fact from either OF them,
10 the contrary effect, or from which any guilty knowledge
could possibly be inferred. IL seems 10 me, that II the defend;
50 Tar carried into operation an S SaT. system EN- OF dealing m
De no halfway or eomprSnise made between the atroS,ons
nnsulted repntaiion) IL seems to me impossible that he could
and are in constant communication with him. so completely in
the dark in rclstiOn to it, and more especially as his great mfr
their cooperation and assistance in all things connected with
As / inierprc, the duty of committing magistrate, i, is this
that although it is not necessary to warrant a commitment
guilt Of the accused, yet, thai il is necessary that the cas-
should be such as to lead him to believe that a jury would, on
the same evidence, negative any rational presumption OF his in
viewed as a whole, and carefully collated with an anxious de-
sire to arrive At the truth, really present such a case as To bring
10 with in this rule And am i, as n committing magistrate.
required or warranted in sendiug IL up for a trial by jury! If
i should do so, 1 must close my eyes against the force and
effect oi IA past good name and irrfroachabie reputation, as
circumstances too trivial TO be weighed against such evidence
as has been adducej, however impure the source from whence
it flows. The innate sense of Justice revOlts against such u
proposition, for it is NO less true in law than in ethics, that q
good Character always, (and more especially when thrown
into the scale for the first time) is considered and treated as a
powerful element TO outweigh kebly sustained evidence of
crilninality.
1t is laid in a note in 2 Arch. Grim Prac. p. 400, that 81 the
better opinion seems to be that the presumption arising from
mere possession (of stolen property is completely removed by
the good character alone of the prisoner" and all the authors
ties concur In placing u very high estimate Of its value and inn
portance IN all cases where the question OF a guilty knowledge
is The matter in issue.
Is there probable cause 10 believe that n jury would hold
that a person OF the high character and the position of the de-
PENDANT, would wilfuly and feloniously embark in so small a
fraud, or imperi them for so paltry an emolument as could re-
suit from any possible rise in the price of a few bundles of
whaiebone. in the absence Of any satisfactory evidence TO sus-
ain so grave n charge.
Assuredly IL is the right and privilege of a committing magis-
trate, TO give such unqualified evidence Of good character as has
been given in this case, all the consideration and weight that il
deserves in making up his mind on, and solving the problem
whether in his opinion " there is probable cause TO believe that
a jury would, upon that evidence, convict the accused of the
offence OF which he rs charged" as required by the statute. 1t
Is the duty OF a committing magistrate TO avoid, us far as pos
sible, an abortive jury trial, which l feel must be the result
Of n committal in this case. With these views strongly I'M
pressed on my mind, resulting from an anxious al careful
examination and collation. of all the evidence IN the case, il only
remains 20 consunate my duty by declaring the defendant dis
charged from the specific charge which has been investigated.