The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-09-22

life, in of weakness, had given up her body through
the motive of love- under the influence passionate excite
ment who has given up her body gain Therefore
the previous unchasy of the prosecux proved would
of itself be a defensein this case.
IF reforms after having had sexual intercourse she
much entitled the protection of the though
she had fallen from virtue Therefore should find
that the complaining witness had had sexual intercourse prior
to the alleged seduction you must then consider whether
she reformed before the time when such seduction alleged
have occurred whether time sufficient had elapsed for
presume that had reformed The matter of reformation
is in your hands, well other questions fact this
Therefore the jury believe the testimony of the defense that
former years the prosecutx nchae person. but has
reformed and has under promise of marriage committed
forncation with the defendant, you convict.
Zone of the Supreme Courts of the United States that held
in the very highest respect treating of this matter has laid
down the principle that who has been educed but who
has reformed be again the subject of seduction and where
reasonable time epes between the different acts the pre-
sumption in favor of reformation arise By this you
that necessary all prove reformation, but
after reasonable time reformation may be presumed
As to what is reasonable time, leave to you find, and
the circumstances of the determine what is
reasonable time for reformation. give you any rule
upon this question: and must leave your good Judgment
We think this instruction 1t authorized the
jury to find that the prosecuting witness had committed repeated
of sexual intercourse with several within
of the alleged seduction and then further nd from the
lapse of that year of time regardless of other cir
and the absence of evidence of her mode of
life meanwhile that she had reformed
We do not far hold that under circumstances
may reformation be presumed from lapse of time but
of nchasty shown and that fifteen twenty
years previously be that the jury would in the absence
of evidence the other the mode of life
MEANWHILE be justified III nferring reformation. But think
that the instruction applied to the facts of this
The cited in 81 Eng & Am Encyc of Law, p 104S
may be referred to.
In the of People Clark 33 Mich, H. the Court say
"Had reasonable elapsed before different acts pre-
sumption in favor of reformation might arise but think
such presumption could arise in this and that the burden
of proving such would be on the prosecution"
In later case, People Squnes 40 Mich, 4S9, the trial
Judge had deducted from People Clark that return virtue
between of intercourse might be presumed if the interval
long enough but the Supreme Court held appeal that
this mapprehenson of their ruling in the former cae
and that their that any lapse of time which
possible in the that abstentation from
intercourse for few months which might be fully accounted
for by of opportunity would ground legal presumption
of reformation beyond all reasonable doubt
Upon review of the whole think the instruction
given material and did the defendant injury and
erroneous and trial should be ordered, which is done
accordingly.
Messr Hartwe Thurston & Stanley and A. Rosa for prose-
cution A. S Humphreys for defendant.
Honolulu, September is, 1896