The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-11-01

i
by Wilcox in the Loomens trial and
which was read in Court. Mr..
Hatch went on TO say--Whut the
defendant has admitted shows that
he is guilty of conspiracy. ii the
hearts of the people from Niihau TO
Hawaii were with the defendant,
what need was there of forccY Your
duty is to render verdict on the
evidence before you and The charge
of the Court. TWAS not question OF
credibility Of any of the witnesses that
had been on the stand. You must
calmly consider the evidence pre-
sented in the case. This country
cannot preserve its dignity if its
laws are trod under foot. He would
leave the case in their hands.
CHARGE OF THE COURT.
His Honor the Chief Justice said:
Gentlemen of the jury: This inn
portant case has taken your atten-
ton since Monday of this week. 1t
is now the evening of the fourth day
the case has occupied. L cannot
say that any time could have been
saved, as it has been fully occupied
in hearing testimony on the part of
the prosecution. 1t is case that
has excited q great deal of attention
especially on the part Of Hawaiians,
as witnessed by the large audiences
here from day to day, listening to
the proceedings. A very unusual
offense in this kingdom is charged
against the defendant. 1t excited
so much public interest that it was
with very great difficulty that We
succeeded in getting jury of
twelve. But i want to remind you,
gentlemen, that all of you upon
your oaths have told the Court and
the public that you, in going into
this box, had not made up your
minds whether the defendant
was guilty or innocent. If any of
you had said positively that you had
made up your minds, you would
have been dismissed as were large
number of others. The time is now
approaching when you must come
to O. conclusion. And / wish to
charge you that in arriving at a de-
cision you must be guided by what
you have heard from witnesses and
what you are to hear from the Court.
Ifyou are true to your responsibilities
| you will not be guided in your YER
dict by opinions of people outside.
1t will make no difference to you
what the common people may say,
or what the newspapers may say. If
you do your duty according to your
own consciences, that will be better
approval than that Of the common
people. Things have been said
which may have disturbed your
judgment, and there is one or two
of them to which 1 will allude.
| ] wish to tell you that there is nc
law which requires Hawaiian cases
to be tried first in preference to for
eigners. The rules of the Court say
that the clerk shall make up the
calendar, putting Hawaiian cases
first and foreign afterward. That
was done in this case. The Hawai-
ian jury cases are first on my calen-
dar. But the Court does not direct
the order of prosecutions. The At.
torney-General must consult his con.
venience, or the accessibility of wit
nesses, and not rest on the conyen'
fence of the Court. And, gentle
men, it cannot make particle o.
difference to you whether A is triet
first, or B first, or E first. Eacf
case must stand upon its own merits
without any other consideration.
1 wish to call your attention to {
distinction between what are mora
wrongs and what are legal wrongs
They generally coincide but not al
ways. Now, it is the law Of every
country that whoever takes another
PERSONS property feloniously OF i'm
properly is guilty of felony. Tha'
is one wrong and crime as we'll
But there is no moral wrong or sir
in PERSONS driving his carriage a
night without light, but it is al
offense against the statate law O
this country. There is no mora
wrong in storing over ten cases o
kerosene in one place, but the Law
forbids it. All religious people
think it is proper to thank God TO
his mercies there is no law to for
bid the neglect of the duty, how
ever. The only offenses or wrong,
Of which the jury can have any cog
nizance are those against the Pena
Code or statute laws of this king
dom. And you are not to consider
gentlemen, il thing is plainly in
dicated in the law to be punishable
that it is right, or that you have I
right to acquit any person agains
whom it is proven. And even if
person can say, having admitted
that he did certain act, that he di,
not know the law forbade it, thi
would be no excuse for him, for tn
law supposes that every perSo
knows the law.
said this was very peculia
case. II is very unusual case
} and in this respect it is unusual, 70
person like the defendant TO plea
on indictment that he is not guilty
after having given evidence in al
| other case that Droyes him guilty c