The Hawaiian gazette., 1885-12-08
The Lower Courts.

EDITOR GAzErrE:-Among the Planters Labor
and Supply Co, reports was one on legislation
which suggested that our lower courts were not in
a good condition and that royal commission be
appointed to examine into the matter and report
the exact condition of things. Bearing this in
mind, have taken occasion to note the proceed
Hawaii, where the Judge prides himself on the
even handed distribution of Justice.
The case being called the first question is one of
an interpreter. The defendant let us say is
Portuguese, the plaintiff an English speaker, and
the Judge a native Hawaiian. Neither party
understands tho language of the other. While the
court waits policeman is sent to the neighboring
school after Portuguese boy, who is informed
that If he does not come voluntarily he will be
taken by force. He is boy of or 10 hardly con-
yersant with his own language let alone any other.
He comes, in the lead of the policeman, and is
showed onto a stoUl where he sits with an express
sion of mute despair until he is punched from be-
hind to stand up while the Judge shoots the oath
at him in Hawaiian. He is then jammed down
| into his seat full hedged and competent inter.
prefer of Hawaiian justice. be Is then told to ask
the defendant if he is guilty. OF course he is IN
familiar with law TERMS but finally gets the idea
| and paraphrases in Portuguese to the best of his
ability. The defendant shakes his head and starts
of IN long description OF the facts of the case
when be is suddenly punched from behind by the
| ubiquitous policeman who tells him to hold his
tongue. Again the interpreter tries, asks him il
he did "haalele hama" on certain day. perhaps
he says yes but" and again starts on his long
explanation. This is effectuay stopped and he is
told to stand up when be is sentenced to the extent
of the law, and bundled out TO Jail before he knows
what 1t is all about even what he is being tried
for.
But perhaps he is fortunate or unfortunate
enough to fall i'll with the drunken hlf- white
Lawyer who hangs round the court. This genius
tells the prisoner that Ii is serious case that
aided he will surely be convicted, but that he will
get him off for the sum of twenty-five dollars in
advance. This being acceeded to they go into
court. Perhaps by this time the boy interpreter
has had the pNDaFipnna of three and
he Is told to swear the Witness which he proceeds
TO do In language and perhaps ideas of his own
while the Judge Is writing up the last trial.
This innocent and harmless little boy now bs-
comes the receptacle of questions, cross questions
and answers in three different languages English,
Hawaiian and Portuguese. By the time the ques-
tons are fitted through these languages and back
III the form of evidence all through the medium
of a school boy, whose mind is running on prison.
ers base rather than prisoners evidence they are
somewhat strained and unreliable. Many legal
word as well as many common ones stick the boy
and he stops stock still and looks daZed. The
half-white lawyer roars at him in Il tone that
electrlties the boy with nervous start the tears
come to his eyes and the question is repeated he
catches one word in the sentence, and hard pushed
as he is weaved it into question of his own to
which of course he secures an answer entirely at
variance with the facts of the case At times, when
he can do SO with convenience the Lawyer" acts
as partial interpreter of the eyidence-since he
knows little English or Portuguese, from time to
tlIUe the Judge will appeal to this same lawyer
Tor rendering OF the English side OF the case and
Translation of some fine point of the evidence.
Naturally, coming through such medium things
become more or less colored and after times some
thing goes down as evidence which is Numerically
opposed to the actual evidence. Unless the evil
dence is overwhelmingly conclusive the chances
rather against the justice of the decision and
in favor of the party which was most INSCRIPTIONS
in the manipulation of the evidence.
Sometimes some forward an enterprising member
OF the local law school who leads off the case with
the confidence or affronting of a licensed lawyer
and comes in with flying colors if there happens
to be one there to challenge his right to prac-
tice in open court. Being a silent partner with
the judge in certain uujudiciousness and unlaw-
full practices we'll as a pupil the latter is not
likely to stop the legal proclivties of his friend
Whatever attempt of justice there may be in the
case of any other nationality there is assuredly
very little where the interests of the poor China
men is concerned He is looked on as a fit and
safe victim for plumber, and even formaities are
dispensed with.
The brutal policemen maltreats him before he
gets into court, the judge sets the most eXorbit
ant bail for the most trivial causes and finally
the court, with the merest mock of trial sen
fences him to the extent of the law. If the China
man appeals he gets justice, if not he takes what
he gets. which in the court to which refer is far
from justice.
/ am satisfied that no one can attend such local
courts many times without being convinced that
an investigation of the condition of these courts
Is crying necessity. Yours etc,
Trra4r