The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-12-14

citizen as by the wisest member OF
the bar. incorporated into our iuris-
prudence. interviewer with the very
net work OF society Early and late.
al the first dawn OF legal science. in
the reigns Of the worst Of the TudOrs.
and the Stuzrts before the American
| revolution and since. up 10 the last
! page put 10 press bv the last sensible
author. these truths Of the common
| Law have never been doubted OF call
/ ed into question Where has a con-
trary opinion prevailed. In countries
Of the civil law In countries Of ex-
torted confessions By thumb-screws.
the iron boot. the rack. boiling lead
places where the poor wretch charged
with an Offense is presumed guilty
upon proof OF an act innocent in it.
self. and on that presumption is tor
tured until he coufesses in the dun
geons OF the bastile. and in the ty
rants prison. where hope never
comes that comes to all?" II was in
one instance made to sully the pages
OF the statute law OF England, but il
was driven from il in disgrace amid
the execrations OF honest men. Il
was that horrible law, which makes
the blood curdle in the veins at its
recital, which presumed the mother
OF an illegitimate child. when It died,
guilty OF infanticide. unless she could
prove by che witness at least that the
child was born dead
The crying injustice OF condemnat-
ing men in advance of proving them
guilty, upon mere proof of acts which
NAV well be innocent. harmless,
charitable. neighborly-in all things
commendable. has been immortalized
bv Virgil. when he makes the common
Sybil lead his hero through his tabled
hell. On his wav to the Elysian
plains. the hcrrid sounds of Tartarus.
surrounded by a triple wall salute his
wars: the clank of iron. the rafting of
chains, the groans of anguish the re-
verberations Of the lash! Affrighted
he asks his conductress the meaning
of those sounds. who the culprits, by
what manner of punishment afflicted.
The Sybil replies that mo pure spirit
can ever enter those accursed
abodes." There the Cretan Rhada-
manthus holds his dreadful court
he first Furnishes then hears the
crime, compelling the prisoner to
confess. Null fas caste scleratum
insistere linen. Gnossius. haec Ria
damanthus habet durissima regina
Cast'gatque auditque dolos, subigitque
fateri."
Among the sacred rights guaranteed
to the citizen charged with crime is
the right TO demand the nature and |
% -,
fronted by the witnesses against |
him" nor can he "be deprived OF life. |
liberty or property without due pro-
cess CT law" Under this statute can
it be said that defendant is informed |
OF the nature and cause of the accu- |
sation against him when he is charged |
with selling and convicted upon mere |
proof of having delivered spirituous
LIQUOR? 1t is due process of law to re- |
qutre man to prove TO the satisfac- |
tion OF the iurv that an act which we |
have seen might be innocent was not |
IN fact criminal? When the consti- /
tuition was framed. it was required |
that the crime charged should be |
proven beyond a reasonable doubt. |
To dispense with the necessity for
this proof is just as great a stretch |
OF power as ii would be to dispense
with the number of twelve men on the !
jury.
Under this statute the owner of a
h use NAV be found guilty OF selling
not on proof that he delivered spiritu |
Gus liquor, but upon mere proof that |
II was delivered by any person in the |
house. No man can be said to have a
Fsr@.s..ag - 1- N