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


this trial. and as articles int, nded to atIecI
your deliberations, he could have been IN
1erstood. but he referred to articles which
had been read III evidence under the sane
ton of the Court and mainly without OBJ
lection from the prosecution, and those
articles, by the very fact that they had
been admitted, are Judged TO be relevant
material and competent as CONSTITUTING
matter which must enter into the
inquiry In which you are now
engaged. To invite you to disre
gard these articles would be to invite you
20 d1sregard your oaths. That is n what
The District Attorney meant. He at least
knows that the law is embodied in the
Court and that the rulings of the Court
are maj and conclusive. and that it is not
TOT MN or any counsel at the bar to
say that testimony once received should be
laid aside or that it should not be treated
with the utmost consideration. But if the
question could be handled as if it were
within your province. | should say that
Judging from the eVidenc, in rebuttaI
which was so marVelOusly affectionate to.
ward the Chinese.
THE WRITINGS OF CONFUCIUs
Had some relevancy to this investigation.
Let me inform the learned District AttOr-
ney that there are three things laid dawn
in those writings which are worthy of the
5eriOusatteniOnOfp ublicpros ecutorsa and of
I Courts and jurors, viz, that Justice
should be equally administered to the rich
and pO +, that reputation is the most valu-
son should regard the honor of his pa
| rents as the most precious inheritance" /
! VIII Commend u the learned gentleman and
! his colleagues, not as applicable to him or
| them, but as bearing on the case and
| rather hardly upon the prosecution, a few
words from Confucius. Among the five
! greet evils in the world he enumerates, l
quote his language:
| "A man whose words are knowingly
| false and man who follows evil and fer
! tiliZe5 it.
He says gain: 1T is by the rules of
| propri ty that the character is estab-
| Iished."
And again: 1T is only the mean man
who, when he is in straits, gives way to
| unbridled license"
And again: IL language be not in &C.
CordanCe with the truth OF things affairs
cannot be Carried on successfully" And
again: " Of al. things which derive their
names from heaven and earth. man is the
most noble, and OF all the duties which are
ncum bent on him, there is none greater
than I'll al obedience. nor, in performing
this, is there anything So essential as TO
reverence, one father" And again, he
says: Il understand words. When
speeches are One-sided | know how the
mind the speaker ID clOuded over: when
hey are extravagant / know wherein his
mind is Snarled; when they a.
syasive l know how the mind is at its
wit nd.
In he Chinese book of Rewards and
Punishm nts' occurred two or three very
"
ton of the learned counsel: do not in
1ict in urV secretly on The virtu0us."
Do not take advantage of heignOrance
Of men to deceive them with lying words"
lrtifce and fraud
Do not destroy the merit acquired by
others"
"Do not insult men and triumph over
them
when you see others possessed of
riches DO not desire tina they may lose or
dissipate them"
10 n, I invent calumnies against limo
cent people: DO not mislead the multi
tude W tn false doctrine" 1 thank the Di
trIct Attorney for suggesting 10 me these
lac mic regdings, which prove that Mon
gOlian semi rOarism is superior to much
of this prosecution.
The learned district Attorney, gentle
men, should have told you that the arti-
Giles are relevant and should enter inlo
yolr deliberations when you grapple
with the question Of the existence
or non-eXlstence Of what are termed
EXCITING CAUSES"
The Court had so decided, and he cannot
Overrule the Court. 1t does not follow, as
mat er of law. that the articles are con.
elusive evidence of the existence OF
exciting causes. They sim ly tend to prove
them, and whether they have proved them
or not | shall discuss hereafter If they
were irrelevant they would be harmless,
and the de perate ort5 which have been
80 Intellectually mad , first, to Justify
it, and secondly, to induce you to pass
them by, would have been u.nece ,sary.
take these ITS to import that they
have not been and they could not be iusti
fed. And as a practical admission that
they were causes of the most exciting
nature and that they are most damaging
10 this prosecution,
have heard that guilty creatures sitting at
play
Have by the very cunning Of the scene
., sn stlicAen to the soul that presently
They proclaim their malefactions.
Mr.. McAllister has pretty thoroughly
disposed f the opening of the State, but
it contains some other points to which, in
their appropriate places, l may hereafter
draw your attention.
l will not repeat my opening, in which
there was one mi7t ke-when L stated that
battery was included in the charge laid in
the information. I he error was natural.
but the Supreme Court has decided, and
supported its decision wi h irrefrag BILE
reasoning that man accused of assault to
murder cannot be convicted of battery.
AN INTRODUCTORY STATEMENT.
Mr.. McAlhst-r h 8 sufficiently defined
the elements of each otfense of which the
defendant might be found guilty if the
proofs convince you beyond a reasonable
doubt. 1 shall II go owe. that ground.
| shall prelimin rily state the leading facts
in The history of the d. PENDANT. and then |
shall endeavOr to show that the presump-
tions in his favor have not been overcome
by the State; that he ought t. be acquit-
d on the ground both of mental disease
It the time of this shooting, and self-de.
tense and that these two lines of defense
do not conflict but mutually aid each
other.
shall proceed. gentlemen, on the theory
that we have the right to anticipate fair
ness in the clio in argument, which you
will doubtless sub, ect to the clos
est scrutiny. The leading counsel
vigorous and able, has passed beyond the
period in life when he is sub, ect to the
pardonaule errors of youth and in
experience. lie has been a Judge.
He knows what a just prosecution
means. and have reasonable con
8 if Within proper limits in making
tunity to answer. 4 ~ -eed also On the
theory, which / be- sc to be well
funded, that you fully comprehend the
Importance and the value o. the presump-
tons OF Innocence and J- good character
upon which 1 dwell il my opening. and
how they distinguish or Judicial system
from that which prevails under deSpo ic
governments. Even in France while it ia
true that a form of government partly re-
publican has been adopted, there are as
yet
But FEW PERSONA. RIGHTS
Which have received legal recognition.
The system WI On prevails there in re er-
ence TO persons accused / crime is in most
respects the OF eslte II that which existed
in the United States anu which, unless it
should De undermined will be i'll the
future, as II has Ue n In the past one of
the stru0g est guara tees for the mainten-
ance OF individual uJer and political in
dependence. in France the defendant in a
pr secUuOu by the Government from the
instant Of his arrest is presumed to be
guilty lie Is obliged at irregular inter
VaIs TO pay visits 20 the Jude d lnstruc-
ton, corresponding in some degree
TO our examining or committing
magistrate. and in seclusion and
surrounded by every possible incentive
70 confession ne has to submit to a
series OF searching cross-examinations
based upon the nypothesis of his