The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-06-05


t-mut. no person shall be held to
answer for any crime or offense except
upon Indictment, information or com
paint, describing such crime or
q. Tense; and lie shall in all cases have
the right meet the witnesses who
are produced against him, face TO
ace; to produce witnesses and proofs
in his own favor; and 10y himself or
his counsel, at his election, to examine
the witnesses produced by himself
and cross examine those produced
against him, aud to be heard in his
own defense.
Delegate Robertson moved to strike
out the words scrime or" III the 9th
aud 18th lines, in order to make It
correspond to the language used IN the
BEGINNING Of the section, where "of-
Tense" only is specified.
Passed, and the section as amended
Was adopted.
Section 3. Subject to such changes
as the Legislature may from time TO
time make in the number of jurors for
the trial of any case, and concerning
the number required to agree TO a
verdict and the manner in which the
jury may be selected and drawn, ana
the compost ion and qualifications
thereof, the right of trial by jury in
all cases in which il has been hereto
fore used, shall remain inviolable for
ever, except in actions for debt or
assumpsit in which the amount
claimed does not exceed one hundred
dollars, and such offenses less than
felonies as may be designated by law.
And provided that no capital case
shall be tried by jury of less than
twelve me n.
+. The Jury may be waived by defend.
ants in all criminal cases except capi-
tai.
Minister Smith moved to strike out
the wort "forever" in line %,
as it was superfiuous.
Delegate Robertson moved to insert
i'm line 81, before the word ''crImjual,"
the words "civil and" as il might be
construed against the right OF jury
waiver iD civil cases.
Minister Hatch said the same result
could be reached by striking out the
word criminal.
Councillor Brown moved to amend
so that it read, 1.-THE jury may be
waived i'm all civil cases, and 10y de-
PENDANT in all criminal cases except
capital
Delegate Robertson moved to
amend toy adding. after the wo
criminal" in line 81, the words,
"under such conditions as may be
prescribed by law" as the jury could
not be waived except by the consent
of both parties. The same member
substituted an amendment, making
the clause read: "The jury may be
waived in all civil cases, under such
conditions as may be prescribed by
law, and by defendant In all criminal
cases except capital.
This amendmentwaS adopted.
Minister Smith drew attention to
the fact that this article did not change
the jury system, but merely permitted
its being changed by law.
The section as amended was passed.
ARTICLE 7-PREvIoUs CONVICTION OR
ACQUITTAL.
Except as herein provided, no per.
son shall be required to answer for any
offense Identical both in law aud fact
with an offense of which he has been
duly convicted or of which he has
been duly acquitted.
line the words, Nothing herein
provided shall deprive the people of
| the right to exceptions or appeal"
Mr. Smith suggested the substitu-
ton of the word Government" and
supported the amendment. There
was no reason why society should
have no remedy in cases where there
had been a plain miscarriage of JUS
| tice.
Councillor Brown said this was sc
radical a change that 1t was proper to
go slow. In Great Britain some
| change had been made, but he did not
| feel sure that the State had been
| given the absolute right of appeal. He
L 4 he ~ IF Hi
| direct an innovation. He also did moi
| see the use of the words, "except as
| herein provided"
/ Minister Damon did not see the JUS
| tice in allowing the Government to
| keep q man in prison for an indefinite
period, when it had failed to carry its
point. 1t should prepare Its case in
such manner that justice would not
miscarry.
The amendment was lost.
| Councillor Brown moved to strike
| out the words, "except as herein pro
vided." Carried, and the article thus
amended passed.
| ARTICLE S.-PRIvILEGE OF ACCUSED
| No person shall be compelled, in
| any criminal case, to be a witness fol
himself nor be deprived of life, liberty
1 VI plopSIty Withoue uuo piOScSS oa
| law.
| Minister Smith moved to substitute
In line the word against" for the
/ word ''for.n
| Carried and the amended article
! passed.
l ARTICLE 9.-SLAvERY.
| Involuntary servitude, except fol
| crime, is forever prohibited in this
Republic. Whenever a slave shall
enter the territory of this Republic he
shall be free.
Passed.
ARTICLE 10.-SECURITY FROM sRARCE
| AND ARREST.
Every person has the right to b,
secured from all UNI easonable searches
and seizures of his person, his house
his papers and effects; and no war
| 70 nf shall issue 6XPanf IN nrnha hi