The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-05-13

klcnaruSOn, amt y. l.. SlSSOn, all |
residents of llilo. The Opponents
said they believed defendants could |
have fail and impartial trial, and |
and that there was no prejudice
against them in this circuit.
Mr.. Hatch argued in behalf of
the motion. This was one Of the
most important cases that ever came
before the Court. Defendants were
entitled to fair trial. 1t was be-
youd doubt that the case had been
the leading topic Of discussion in
the circuit. Many people had ex.
pressed opinions on the case, and
these had doubtless impressed the
| minds of others. II was natural
that the public should have been
excited over case Of this kind, but
all that the public had right to
claim was that defendants should be
surely and speedily brought to trial.
He quoted the law authorizing the
Court to make change of venue,
and referring to the ailidavits said
he relied chiefly ON that of Mr..
Swan2y. Great weight was to be
attached to the impressions formed
on a man of his character by travel.
ING through the distric, where the
murder was said to have been COM
miued. The request for a change
was reasonable one and its grant
ing would not niure anybody. The
letter from Hilo in the Advertiser
was very strong evidence that the
ease was preiudgcd in the minds of
the community. In closing he sub
mittcd that, if there was u doubt in
His Uonor's mind of defendants
receiving q fair trial, the motion
should be granted.
Mr.. Peterson for the Crown adj
mitted the Importance OF the case,
but the prosecution denied the eN-
istence Of local prejudice and there
fore opposed the motion. Although
he doubted the strict construction
of the law which would make it in
cumbent on the Court to grant Il
; change of venue it there was bare
doubt of fair trial, still he would
not oppose that position. lie re-
I viewed the aiidayits for the defense,
{ pointing ont that many of them were
from nOn-residents of the district.
1t was as easy for the minds of peo-
\ pie in Honolulu 10 he prciudiced as
/, for those of residents on this island,
The opinion OF Mr.. Swanzy was en-
. titled TO respect, as he was M
, honorable man. II must he remcm-
bercd, though, that Mr.. Swanzy was
the agent and mortgagce of one o.
the defendants.
e Mr.. Davidson here remarked tina
Mr.. Swanzy was also the admins
( traitor of the estate Of Il. GOto.
, Mr.. Peterson said he believed suci
: was the case, but was certain of The
other matter. Continuing he re
# marked that, Notwithstanding the
u great expense and Inconvenience Il
: the Government involved, he shoult
not oppose the change of venue il
e he was convinced that the defend
ants could not have fair trial ii
t lIilo, With regard to the letter il
II the Advertiser, he considered it wa
entitled to no more weight than tn
/ individual opinion of 81. A. NJ
/ and, besides, it was more calculates
e to prejudice the Honolulu than tn
Ililo mind
l. Mr.. Davidson responded for tn
y defense. 1t was once the practic
to have trial at the very plac
he where the transaction happened, bu
lc now it was becoming the increasin
practice to have case tried by per
N sons who~ had the least prcviou
X knowledge of the facts. 1t wa
a natural that in such quiet commu
ia nity as this so serious matter a
the death of Goto should excite
great deal Of interest and discussion
!, lie had full confidence in the desiT
", of the Court to do what was righ
:; and believed that sufficient reason
A., had been submitted Tor sending TIL
y, trial 10 another circuit. The Go,
w eminent could not be so poor as
-, prevent these men having fair tri;
~ because Of the expense that woul
is be incurred by n change. In form'
:, times litigants in the country wei
- glad to get their cases carried
n, Honolulu. The speaker laid turtle
eI stress on the deposition of Nj
wv Swanzy Defendants themselv,
III had by solemn ailidavits declare
" their belief that they could not get
fair trial in HilO.
Mr.. Peterson cited sec. Is OF Il
80 Practice Act, page 81 Compil,
lis Laws, to show that the Court c;
lie change the Venue il seen to
on necessary at any stage Of trial.
The Chief Justice and Justi'
Tor Lyman retired to consider the IN
ir- ton. They returned in a few m
d. mcnts, when the Chief Justice d
X. cided as follows:
he II the only proper place to try
capital Oflense or crime OF gre
lst magnitude is in community whc
al nobody has heard n word about
Is, any offense of any magnitude col
nd mitted in this kingdom could not
IL. tried in this Kingdom, and Of cour
>. it is absurd to say that this kingdo
4 L..