The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-07-10

7 M z
t,oIId now be undergoing his sentence. II
,r0T1id he more accurate to believe that il
Michael H. de Young had not been our
naljst able 70 employ capable private
counsel % consume time in the effort &c
;Ts-itv Ghelous matter that the defendant
might have been acq uitted in three or four
days. In reviewing
THE HISTORY OF THIS TRIAL,
In relation TO the opening for The State, ]
. was struck with the distinction between
! nrofession and practice-between breath
/ mo the word of promise to the ear and
! breaking it to the hope" 1t sounds very
/ well for prosecuting OFFICER to talk about
I the fairness Of prosecution, and OF ms De-
/ ing virtually the attorney for the defense
! bnt in this instance the facts do not come
! M TO the theory. You have observed and
! listened attentively during the last few
| weeks. Do you consider II taIr 10 rldlcuie
! and sheer at any part OF a defense,
/ or to assert that 1t ls fabrl
! cated-befOre the testimony Is closed!
! Have these things been done in this case
( leave yOu to answer these questions and
! 10 determine whether a trial can be I'M
/ ayined in which the desire for ConYictI n
has b, en- more grossly or more frequently
manifested. Ii ii million people are wait
Ing brel thlessly 10 receive your verdict, L
should be glad to know on whom their
anxiety is expended, on Michael &c
Young, who has wantCnly maligned Claus
SpreCkels and his son for years, and W no
did not venture TO deny that be did II 1T
Is. Spreck Is. who is before you the en-
bOdiment Of the best element III the nera-
ton thet has sprung, SO to speak, from the
soil of California. This case is to be de-
cided. understand, according to
THE LAW AND THE EVIDENCE,
But have no objection whatever to your
asking Yourselves tue question how Won
would Ike to be associated among these
people and their descendants and among
your own descendants, too. with a verdict
of convictitiOn on the facts that have been
prov before you? Edmund Burke tells
Us, to use his language, 81. eng.h
ought to be employed to uph Id some hon
ora bic right would like you to decide.
without fear or favor. what honorable
right the pro ecujiCn here T, presents
VINO has in icted he greater in ury, lie
Young with the pens he controls OF
SprcckelS with his pistol! Which wounds
do you Tow considered healed Will the
SpreckCl5 wounds ever be healed while
hf, remains III any III -mber Of the
SpreckeIs family! The Chronicle calls
itself q live paper. If it is alive and pos
scsses the qualities of a hyena must we
suffer is teeth u tear our QuiveTinS flesh
Or, il it resembles a serpent, must we
passiYely watch it while IL darts its fang
into our hearts No, gentlemen, the
la9ored eul0gy or the District Attorney
upon he Chronicle sounded almost ike al
advertisement; the more broadly you con
sidrr this case within the law and the eyi
dence. the better We shall be pleas q. We
x. Il legally
that you should realize the
CUN5EQUENCEs OF A VERDICT
OF conviction upon the community in
which you live. aud with reference to its
best and highest interests. and contrast
with il the results of a verdict condemninl
purulent or personal journalism. We are
quite willing, too. that in every character.
istic of genuine manhood u compare
and contrast the defendant and Michael
Ii. de Dung. 1t IS to be regretted that
Mr.. De Yonng's conduct brought
on The shooting; but the injuries
he re, eived. although worked up with
very great oStentation to excite your
sympathies were in reality triuinR no
worse than the wound inhicted upon the
defendant himself, who has not pdraded
elongated scars md an ill. ting coat for
your inspection; and it is logically true
that in the order of Providence, Our
pleasant vices are often made the whips to
scOGrgc u.s.; that there is a Nemesis for
every evil act, and that sometimes it is
simply destiny, which may be another
name for compensation, that a bad record
be b.Ottcd out in blood.
Speaking of the coat, l am reminded
tn I my friend Mr.. McAllister's ihimita-
be Z, ctal OF Holmes poem the other lay,
was incomplete. 1t lacked the epilogue,
evidently wri ten by less mastery hand.
and apparently with reference to this |
trial. and in the form Il rythmical para
phrase, In one verse, of q portion OF MIR.
De Young to stimony:
Ny case find is full OF bitches;
am fairly trapped in Spreckels' d tches
Ny coat reduced by many stitches,
But, gentlemen. have lost my brooches.
To resume. however the thread of my
present reference to the opening argu,
nv district Attorney ia. no.
only taken what seems to me TO be
AN INDISPENSABLE POS TON
In allowing private counsel to handle Ia, |
case for the prosecute n down to the open
~
of them to close the discussion. but in his |
opening before you he has taken oLhei
Positions which are equally indefensibl,. |
He united with the private counse.
because Of the supposed wealth and inriu |
enco by which he is surrounded. This is |
totally illeRitimate proposition and one |
unworthy of a great State, however at |
tractive it may be to the individu who |
has supplemented the ability which he |
found here by the brilliant proSessiona |
resources of an adjacent territory, anC |
who has thus been enabled to direct the |
prosecution, and partly at least to with |
draw from the defendant a prOtee !
ton to which he Is entitled. |
The defendant and his ia hel |
and his relatives and his friends, at al! !
events. those of them who have testified |
here, are taxpayers, who help to supper |
the Office which is held by the learned gen |
tlemsn who opened this debate, and they |
arc entitled to precisely the SINE consid |
Grafton at his hands as any other pre- |
sumptiyely lawabiding citizens; and one |
OF the rights which the defendant pos
sesses in common with every other citizen. |
without regard to his social position |
or 10 his property or wealth, Is that |
Of being considered innocent until he |
ID proved to be guilty, and of hav.
ing the charge against him investigated |
Justly and dispassiOnately, without the in |
truston Of the animOsitieS or personal feel |
ings Of any human being whomsOever |
This great State encourages men to &C |
nd m IOFa pF1-io
and to extend business. and it does not in
nlct upon any man who is successful in |
these objects tho penalty of substantial
outlawry. Do you suppose that
THE PROPRIETOR OF THE CHRONICLE
Is half starved or emaciated, or with ,ut
this young man can command! Do you
suppose that II he had been some poverty
stricken creature, without money or in
nuence, he could have comm nded
men who have so vigorously rep
resented him. Answer these. and still
further answer the question whether this
pr secUtiun has been unbiased calm, rust
fair, careful of the rights Of the defendant
as well as the rights of the State There
IS no evidence here to show that the de
PENDANT is pecuniarly raised above the
level OF thousands OF young men of this
community, and, as the COnrt very peril
men ly suggested, there is no evidence that
he is surrounded by wealthy or inuuen-
tial friends; but if there were such
evidence. what thenl Property supports
every department of this Government,
municipal, state and Federal: and. while
the possession OF property undoubtedly
carries with it duties and responsibilities,
II certainly does not disentit.e the taxpayer
TO the benefit OF that law which he con.
tributes % maintain. We have demanded
nothing for this defendant that we would
not have demanded for Hawaiian slave
for Antonio MedeIv.s d'Ascension If he
occupied the same attitude. TO protrude
wealth as reason for acJuittal we would
regard as the most tlatulent dem & Ruism.
IL IL any better to protrude wealth as a
reason for conviction Is the fact that the
young mans father has accumulated
money reason why tn. Young man him.