The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1901-02-26
1t Had the Right Ring.

~ AAb0, bhp AhtH Nv @NAAN'
In taking the Gill case under
consideration yesterday afternoon,
after listening to the able couuscls.
Judge Humphreys said:
"This plea can only be decided
by careful investigation, / desire
to say that without hattery this case
has been forcibly argued on both
sides. The court realizes the force
of the argument by the defendants
counsel in this case. 1t is almost
impossible to deny the existence Of
bias and prejudice. The Govern
ment replies aud says that anybody
can come into this court and say i
suspect 1t may be 80 and it may
not. The court will Investigate the
matter thoroughly. 1t may be
stated that this matter stands by
itself. | it be a fact that the High
Sheriff has prejudice in general,
that is only such as should be en-
tertained by every good citizen. /
make these suggestions merely that
the counsel may consider them and
bring any authorities in point they
may have.
81 want to say this: There may
or there may not be fixed desire
on the part of certain element OF
this city to prevent the citizens Of
this community from enjoying the
full fruition OF that liberty given by
the United States Constitution, but
whatever may be the desire Of that
element, and il it is attempted to be
foisted upon this court, it will meet
with signal defeat l intend to
make the Constitution a living
truth and a blazing fact in this
court. 1t looks to me q monstrous
thing that the community should
have man, an officer, to arrest au-
other man, to appear in the District
Court and with bombastic language
noted chiefly for it's declamstory
speech from both sides, then to
summon a jury to indict him, then
to summon trial jury, and then to
have the custody Of the mau--that
is thing that cannot he tolerated
in this day and age and it is nothing
which lie done elsewhere and cannot
be done here in the future, even
though there is a local statutory
law allowing it. The sixth amend
ment to the Constitution provides
that defendants shall have a speedy
and impartial trial. All impartial
trial means one impartial in fact
and certainly above suspicion. A
court of record cannot permit to
have its appendages subjected to
that suspicion which it would be
subjected to if the one who prose-
cutes summoned both the juries.
81 confess during the argument
OF this case the prosecuting officer
had no better right to do 80, but we
might just as we'll permit the At
torney General to do the same
thing as the High Sheriff. The
High Sheriff has all his faculties
aroused and he becomes the prose-
cutor. His reputation is at stake.
They say they represent the dignity
OF the law and the court therefore is
not biased, but any man who has
ever been prosecuting officer
knows what that means. say the
High Sheriff has no right to occupy
that position, and the law does not
permit him to go before the Dis
trict magistrate to prosecute. He
Is not licensed to do so and neither
is any other such off ,er in the Ter.
ritory. These observations, OF
course. have no particular bearing
on this case. There will be no two
ways about it, We have got to see
United States methods established
here and it is the duty OF this court
to see that they are."