The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-03-01

varicatc in the empancling process
to avoid being told that they may
retire. They are unbiased, have
formed no opinion on the case, etc.
Ordinarily, when hear man
protesting that he had formed no
opinion in . case that has previously !
attracted public attention and has
been chrOniclcd in public prints, !
mentally decide that that man ia
either Il fool or is unfortunately
destitute of a proper regard for the
truth. Any man not a fool who hears
aud reads OF n robbery, Il murder,
or any other crime, and why u ccr.
tain person or certain persons are
suspected rs the perpetrators, as
naturally ~ rocks fall downward
form some sort Of an opinion con-
cerning the guilt or innocence of the
accused. lie cannot help it. His
intelligence compcls the formation
of an opinion; and if he is honest
lie will not lie to conceal the fact.
! have known of men going on
iurics and publicly declaring that
they had no opinion whatever, after
having privately asserted what their
verdict would be. They lied for
the opportunity of helping a friend
or injuring an enemy.
am not obiectng to inryman
who has formed an opinion, but to his
lying about it. ! consider that the
man who has evolved logica| con-
cluslon from the facts or alleged
facts, so far as known to him, is the
most competent man TO examine
evidence and thereon base ra-
,ional verdict. His verdict is guided
by the testimony Of credible wit
ncsscs produced in court, and not
by his previous opinion. III the
testimony be in harmony with the
facts already known to him, it will
simply confirm the impression pre-
viously acquired; but If the tcsti-
mony be contradictory of the alleged
facts on which his opinion was
grounded, his verdict will not con-
form to the previous opinion. TO
exclude from iurics men gwen to
founding opinions Of their own upon
current information, Is TO exclude
the class best qualified for jury
duty.
Trial by jury is trial 10y twelve
men, of which the judge is not one,
he being simply the presiding officer
in the trial. The twelve men do tho
"trying,' and they are bound by
solemn oath to find verdict &c.
cording to the evidence adduced ir
the case and the law relating thereto
The jury take the law from Tho
judge, but they are not bound by
his interpretation. The jury are tho
Judges both of the law and tn,
facts.
| am aware that the view eX
pressed in the last paragraph il
questioned, and that the practice o
our courts does not tend TO suppor
it, and for these reasons purpos
discussing the proposition NOR
lengthily.
Unless the jury are judges of tn
law in its application to the case OF
trial, as well as of the facts tcstiiie,
to by witnesses, the trial l. only hal
, by jury; and this is contrary to th
I intent and the universal assumption
, of the intent of trial by jury. A
to practice, Ritchie says-and n
doubt he knows what he is talkin
r about-that in Illinois and othe
, States statutory provision settles til
Q point that the jury are judges bot
of the law and facts. An cmincr
+ English authority, Milford, says
I "The jury was instituted to exclud
/. The judge from all personal intcre'
q or power in the adjudication of rigl
r between parties at issue on point
: of law In matters of equity I'll
:. judge has sole power, but where
= jury is cmpancled they are the so
judges of all that comes hciol
y them, be it law or fact"
f Acting accordingly, it is custom
Y AIRY in England for Judge to he;
c a case clean through before he uttel
;, a word that may tend to prelude
v either side. lie hears the evidcnC
Of witnesses and the arguments I
|, counsel; but, like the monkey,
y thinks great deal and says not
c ing until his turn comes to eXplai