The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1879-10-18

IL He ENtOT " We dcytc CONtUleTctui AdUef1tSeT :
KoHALA, Oct. 10th, 1879.
SR :-On the 10th day Of August last, q small
house owned by one of the planters OF this district
was burned to the ground. Suspicion almost Inn
mediately arose that II was the work OF an in
~cendiary and, a charge Of arson was preferred
against a Spaniard. by anne Emanuel.
Now as lar as the evidence In the case 10 con-
cerned, l do not propose TO discuss the matter ;
but in behalf of a fellow being. placed In circum-
stances rendered unnecessarily trying by the neg
lect or apathy of officials, perhaps a few remarks
may not be out Of place and may tend to the
amelioration of badly administered justice In
future cases that may occur.
If I'm not greatly mistaken, our law places q
limit upon the time any person may be held In
custody before trial, upon what, until then, Ia
mere supposition. / am also mistaken If this
period is not very brief in comparison TO the time
which interviewed between the arrest OF this man,
and his preliminary trial-a period OF some weeks.
The trial was set for certain days, and several
times postponed. until the deferred proceedings
had made the supposititious criminal an actual
prisoner for nearly one month. For all this delay,
indisposition from i'll health ON the part Of the Jus
tice was made responsible. While the Ill health OF
the prisoner, a sick man, the effect Of whose close
confinement was daily telling on his countenance,
was a matter to be entirely ignored.
Now if there is a limitation in regard to the time
a person may be confined on mere suspicion, and
that limit has been exceeded in this case. can II be
otherwise than that the ends Of justice will be
thwarted, should the evidence be such as would
not incriminate the accused
Such laxness in the administration of tho law 10
not only injurious to the Individual but TO the
community at large, tending to shatter confidence
in all equity, and prone to foster any innate pro.
pensity that might exist in individuals or com
munities to protect themselves. Poor laws and
tardy justice have bred vigilance committees
elsewhere, and cannot be without their disadvan-
tages anywhere, however submissive the temper
of the people. A thoughtful mind may trace their
effects in the capital crimes committed In country
districts, the ratio Of which TO the population Is
altogether disproportionate with a like ratio in the
Metropolis. M
More than one instance has lately occurred In
this district where law has been openly set at de-
dance by individuals unchecked /; and in one case
a large section of the community kept In jeapordy
by the assaults and threats of an individual who
scorned the concealment OF deadly weapons, even
on the public highway. This nuisance was
allowed to exist for seven days without abatement,
or the slightest interference on the part Of The
authorities, until private individuals demanded
action OF the Sheriff, well determined to actfor them
selves in case of his refusal. A ashing excursion
had to be attended first however, which occupied
the greater part of the day. Under circumstances
like these could persons be blamed for protecting
themselves. even at the cost OF human life, against
that in regard TO which the guarantee OF the Con-
stitution Of the land was rendered void by laxnesa
in the Executive protection in the enjoyment Of
life, liberty &c"
The great importance attached to the idea OF
even handed justice by the Executive here, may
be seen from this fact, that while one man may be
imprisoned a month on mere supposition, men re-
gularly sentenced by the court for u definite term
OF imprisonment with labor. are free to select their
own lodgings and do their own pleasure, subject,
however, to being called on to labor a few hours
during the day. rerta.
1t is not on Saturday afternoons 10
see q prisoner dressed as we'll as the best and be-
decked with leis, g~alloping from place to place on
a fancy horse-perhaps wearing the very clothes
be was sentenced for stealing. LtL IN
A note in your issue of the 4th instant, headed,
- Illicit Liquor Selling" describes exactly the
situation here.
And now, in view of what has been stated here,
and which. investigation will never controvert,
would it not subserve the true interests OF the peo-
pie il a proper and authoritative examination were
made 1 am sir, very respectfully DC.
A RESIDENT.