The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1899-12-02
TRIAL BY JURY.


there will naturally be change in
the present jury system. We have
never seen any necessity or reason
for having juries according to races.
1t is an insult TO the Hawaians to
insinuate that they would not do
justice to haolA brought to tiial
before Hawaiian jury, and no Ha.
waiau will believe for moment,
that he would not be treated fairly
and honestly by a haole jury. We
hope however, that the present sys-
tenn OF drawing jury will be
abolished at once. We don't believe
the judges or their clerks should
have anything to do with the selec-
tion of jurors. To serve on jury
is one OF the duties OF taxpayer,
hut the work should be equally di-
vided among all citizsns. BY lonk-
ing over the names of jurors for
many terms, we find the same names,
and the juries are virtually selected
from small coterc instead OF from
the full tax list, as is the case in
other countries. The judges may
say that the reason is due to the
fact that no man can serve on a jury
who hasn't sworn at--we mean to
Dole. But that claim would bs an
admission that the supporters of
Mr.. Dole were few and far between.
The tax collector is perhaps the best
man to select jurors. He would
have the names OF all taxpayers be-
fore him, and in due rotation all
could be called to serve as Jurors
and do their duty to the state. The
attorneys will know when to sex
cuse" juror, and it is safe to say
that no IL "bad" men would ever be
asked to sit in the jury box to Judge
the case of "bad" man. In the old
country from which the writer halls
there are no juries The Supreme
Court, to which the Government as
we'll as the defendants can appeal
their cases, is composed of very
learned Chief Justice and twelve
learned judges. These thirteen gen.
tlemen know nobody or anything ex-
cept law. There is no partiality and
none of our beautiful method here
of judge saying to a defendant,
they haven't proven the case against
you perhaps, but find you guilty,
because happen to know all about
the matter, and also that you are
a general bad egg" There is no
show for eloquence either on the
part of the attorneys. Those thir-
teen old jpdges-we came near say
ing fossils-want facts and evidence,
and they will do the rest 1t would
be amusing to see an attorney get
ting up and addressing them as
some of our local shining lights do
our juries on this line: "Gentlemen
of the jury, il it pleases your Honor,
it has rarely been my good fortune
to address myself to twelve more in
telligent, more honorable, and more
enlightened men, etc. (Sotte voce,
sons of, etc.) An attorney address
ing the l3 judges in that way would
die natural but very swift death.
Dear reader, hare you ever been on
jury in the Hawaiian Islands, and
do you know what is going on in the
jury room, when the IL enlightened,
etc., men are closeted to decide the
fate of the unfortunate defendant,
who is nervously walking around in
the courtroom, while the judge is
refreshing" in his sanctum2 AS the
present jury system is shortly
thing OF the past, it may not be in,
discreet to reveal some OF the doings
in that dreadful jury room where
the writer has often been.
Let us open the curtain for jury
room scene, Lahana, $780,
A gambling case against China
man who was accused OF playing
pskapio, which, by the way, most of
the jurors did.