The Hawaiian gazette., 1899-09-15
THE MILLER TRIAL
AS Viewed by the japan
Gazette.
And by tn. Yoroe gu Choro. "A Japs-
nose vsrnacuiar PAPER, WITH an
English Edition.

cided on Saturday last case of far
reaching interest and importance to
all foreign residents in Japan, says the
Japan Weekly Times Of August goth.
An American citizen was charged with
what is now known as the Chinatown
triple murder. He was found guilty
and sentenced to death. We are thus
brought face to face with the fact that
the revision of the treaties has placed
in the hands of the Japanese authori-
ties not only the right to deal with civ
II and commercial disputes but, what
is much more serious, the issues of life
and death. Miller was given permits
sion to appeal against the decision Of
the court, and Of that permission he
promptly availed himself The case Is
therefore still sub judice, and 1t would
be contrary to custom and obviously
improper to criticize the verdict or the
evidence by which the public procura-
tor succeeded in establishing HIS case.
Inasmuch, however, as the system of
criminal investigation in this country
differs so widely from that obtaining
in England and America, there are GER
tain facts to which we think 1t advis-
able to draw attention. In the first
place as to the constitution of the
court. The system of trial by
jury will probably never be adopted In
Japan. At all events the country Is
not yet ripe for It, And in the absence
of such a system we can conceive OF
trsh af IN, Iat rvVNiu
an important issue than a presiding
Judge and two associates. These gen.
tlemen are not only well acquainted
with the laws of their country, but
have learned by their previous expert
ence at the bar to estimate the weight
and value of evidence. The law which
they have to administer Is a different
matter. The Criminal Code of Japan
is manifestly founded upon French
law, for the secret preliminary en-
quiry is repugnant to Englishmen and
Americans alike. In England, from
the moment man Is arrested or
charged with any offence he is brought
face to face with every witness who
may be called for the prosecution, with
full power either personally or by
counsel to cross-examine him upon the
statements made. This is a privilege
Of infinite value. not only in the inter-
ests Of the accused person but
also for the purpose of elucidat-
ing the truth. Cross-examinatiOn
has been ridiculed and parodied from
time immemorial but its intrinsic
and undoubted value has been testified
to by such past masters in the art as
Lord Russell of Killowen, Sir Henry
Hawkins, Sergeant Ballantine, Mon
tague Williams and host of other dis
tinguished men. The question, too,
OF calling witnesses Is of very great
importance. 1t has been discussed in
the local press, and we venture to
think prematurely. The rule in Eng
land is to allow an accused person to
subpoena any witness he chooses. If
the testimony rendered is contrary to
the laws of evidence, or not relevant
to the issue, the judge has power to
reject 1t, but the broad rule Is that no
obstacle shall be placed In the way of
an accused person to prevent him from
giving an answer to the charge pre-
ferred against him. When the Miller
case is concluded we may have some
further comments to make. but In the
meantime the manner in which the
case Is conducted cannot fail to inspire
all foreigners resident in Japan with
confidence that the authorities are not
only willing, but fully competent to
discharge the onerous duties which
the revision OF the treaties have cast
upon them.