The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-10-28

deuce,n but IS utterly silent IS 10
what shall be the order, If be shall
present no evidence. So far as the
statute goes. II i not III conflict With
the earlier statute. The Court can
not read into IL words that are not
there, and which, If inserted, would
be inconsistent with, and therefore
operate as g repeal OF the earlier
statute. Repeats by implication are
not favored. Sutherland, Statutory
Construction, Sections 13S, las, 152.
The exceptions TO the refusal OF
the Cont TO give TO the jury certain
instructions requested by the de-
PENDANT. and to the charge as given,
and TO the verdict as being contrary
to the law and the evidence Will be
considered together. The lnstruc-
tons refused, being the second,
third, fourth and fifth requested,
were as follows:
2. The fact (even If fac jury be-
lieve it to be q fact, that opium was
found in a case of goods belonging
TO. and consigned to defendant, will
not of itself warrant conviction, but
the Jury must be also convinced from
the evidence, beyond a reasonable
doubt that such opium was placed
there by the act, connlvance, knowl-
edge or consent of the defendant.
Unless such act, connivance, knowl-
edge or consent of the defendant
appears from the evidence beyond
reasonable doubt, the defendant
should be acquitted.
3. The intent Of the defendant Is
an essential feature In the proof of
this charge. He cannot be convicted
until the prosecution has adduced
evidence to convince the jury not
only that opium was imported, but
also that its importation was accom-
plished in pursuance of the purpose
and intent OF defendant.
4. There is no evidence before the
Court in this case tending to show
an intent on the part of defendant to
import the opium alleged to have
been found In a case of goods be-
longing to him.
5. There is no evidence that the
steamer Australia" in which the
opium in question is claimed to have
been imported, arrived at Honolulu
from any foreign port or country.
charged the jury as follows: "As
regards the question of intent, it Is
the law that IN criminal matters there
must be u criminal intent and you
must be convinced beyond reasona
BILE doubt that the defendant was
knowingly and wilIfuily party to
the Introduction into this country
from abroad of the opium herein
charged to have been imported.
= j In regard to intent-it is a
question Tor you to find from the evil
dence and from the facts produced
whether the defendant imported this
opium. = = IL a man imports
cases of goods and in those cases are
contraband forbidden goods, prohib-
tied goods, and it is unexplained, it
is a question for the jury whether
there was any intent on his part to
import those goods This instruc
ton, (which embodies the first in
strrction requested by defendant),
covers all that is contained In the
third requested instruction. Instruc-
lions need not be given in the form
requested, if as given they correctly
state the law and cover the ground.
IISC o. -dItOp. IIdW- OOO, NC" q CCf'e
aoeU. 3 Haw. 154.
The second requested instruction,
so far as it relates to the question of
intent or knowledge, is also covered
by the instruction given by the
Court, and in so far as it is not Gov
cred by the instruction given, it was
properly refused. 1t would tend to
leaGsthe jury to think, enormously,
that the defendant must have known
of, or consented to, the placing of
the opium in the case, while it would
be sufficient if he afterwards, but
prior to its seizure, learned that it
was there It would also tend to
give the jury an erroneous impress
sion that the fact that opium was
found in case of goods belonging
to, and consigned to defendant,
would under no circumstances war
rant conviction, and that the knowl-
edge or consent of the defendant
might not be inferred from the I'M
explained presence the opium in
one of his cases, STEAMSHIP
5 deDse, as snbtl Te TICKETS
acts proVeCCc but that it must % : : no; EoPl
done by r by some other evil
showlrss some positive words or ]
MS = to have been uttered or