The Hawaiian gazette., 1869-03-17

sumo that Their spoke for an. otherwise The
challenges wcre Of ne effect.
The Instructions apen confessions. aanis-
sions. and dying declarations. seen corFcct
enough, and 50 far As appears, he verdict vas
net ecntrary thereto
As % the certainly very Improper language
of the juror. We DO rot consider Il saccient
cause Tor setting aside the verdict The
irrernlsrity In = jurors conduct 10 warrant
this. - should be % such nature ~ 70 affect
the impartislity. purity and regularity Of the
verdict itself '--Renncfi q Hssrd's Lead. c..
Cases. Vol. :, SSS
The hnAl consideration Is upon the saffeieney
Of evidence 10 sustain the verdict against the
prisoners Kan Fprd and Lsaos. In civil as
well IS criminal cases. the Court win disturb
verdict for insntfcieney Of evidence only In
very clear and strong cases. Where. however.
there IS wanting any essential link in the chain
Of evidence. or WHERE there l. utter want Of
Law any foundation on which 70 build up
legal proof. it is no usarpsti0n Of the province
Of the jury. but it is = duty binding apon the
Court to set aside the verdict.
- Il IS undoubtedly by the theory Of our
forms Of trial. the province Of the jury to de-
eide ultimately upon questions Of fact; but Il
Is equally true. that il Is within the province.
and often the duty Of the Court. to SET aside
verdict, where Il appears to them @ be con-
trary to the weight Of evidence. On first
trial. thero may be rom 90 believe that the
jury have fallen into some error In regard to
the law. or in regard to the value and force Of
the evidence. which they themselves would
correct upon careful revision. r-Itr CIR.
Cotkn vs.. Phoenix tns. Co.. is Pick aet.
Here. We have. in the prisoner Laaon's
case. evidence that the morning after the muir
der, he had =" mark on his face !" that he
q worked slowly, behind the others = that
Chinese frOek. with stains upon its upper part.
Of what nature does not appear, was found in
his bunk. together with pair Of trousers.
q almost as wet as well-wrung Clothes The
evidence that be ''pulled his hat over his face
10 hide" the mark from the ovcrseer. was an
inference only Of the witness, to be rejected
as utterly Incompetent.
In the prisoner Kan Ford's case, the evil
denee is that he "looked pale" on the morn
ing in question that his trowsers were wet
from his knees down = that be was late at
breakfast, and accounted for this BY saying
that be had - Just come in = that be '.worked
slowly, behind the others y that silk kihei.
the property Of Napus, lone Of the murdered
men, was found in his bunk, rolled up in
shirt.
There IS nothing TO connect these circum-
stances with any participation in the murder.
or with any presence at or knowledge Of the
crime However significant they may seem,
and however natural it might be that they
should follow guilt, they in no manner or de-
gree prove that guilt. It is impossible to say
whether the jury connected these facts with
the confession Of the other two prisoners.
made in the absence Of these men, and
therefore having no legal effect against
them. or whether hey assumed or infer
red guilt. In either case, the verdict against
Kan Ford and Lauon is contrary TO law, as
not sustained by the evidence, which was of
an entirely unsatisfactory character to convict
them Of the charges alleged,
The Judgment Of the Court, therefore, Is,
exceptions overruled in case Of Alb Chin and
Agnee; verdict set aside, sentence vacated,
and new trial ordered, in case of Kan Ford
and Lsuon.