The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-03-25


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/ Ohaff. UE tHia journal tNHi H..I 81"
lHsta Hfl been dismissed through tt.N-
uiUaItI.r. many af them ni th" most
trivial character ihH nli..In. thg p.'r-
rriN Nc Judee Gears uI''h.r denied
CO.,, piHrpa. A rDpgrtHr lUm i.Is paper
was th.r.upnn detailed i1 .HmUIl" f'1-
ustI.s upon tho subject HHt nttlo as
sIeIau.s could boz had fHm auE of tnt
officials. The reporter bad rH sooner
begun Co study the court record book
thau Judge Gear descended upon him,
declared That the book Was not puo-
lic record and prohibited The further
examination of On. The clerk thereupuu
took One record book away and locked
10 up This is the first time boo the hls-
tory of the court when the official
transcript - criminal causes tried in
the Circut court. kept by a clerk paid
from the public treasury In a book paid
for by public money, has been constru-
ed 90 be a private record, to which tha
public is denied access. This unprece-
Tn
Gear has rendered the task OF compile
alton a difficult laborious and income
pletc one. but the results as they stand
are appalling. There are doubtless
other cases which the official record
would divulge and there are many
OF them which the prosecuting Off
GERS were obliged to nolle PROSE-, owing
to the previous dismissal on technical
grounds Of cases involving the
same state OF facts but incomplete as
is the record compiled, it shows that
between August TO- 1900. and December
10. 1901. forty-one criminal cases
were dismissed by Judge Humphreys
on technical grounds; and between
April II, 1901, and March 6, 1902. the
number Of criminal cases dismissed by
Judge Gear on technical grounds was
les and of Jail escapes amounts to ONE
HUNDRED AND TEN, taking no ac-
count of many cases mol pressed be-
cause of these judicial decisions. Fur
thermore this result was accompanied
by the largest drafts on the judicial
appropriation ever made In this Terri
tory. The courts have not only let per-
sons charged with crime and INSIDE
meanors go whenever any excuse for so
doing could be had, but have compelled
the people to pay a prodigal price for
II.
The judges and their friends may
deny and explain, but the damning
fact win remain uncontroyerted that
scores OF murderers, thieves, raplsts,
, burglars. gamblers and other criminals,
running the whole gamut of the penal
! code, have been turned loose on this
community by the First Circuit Court
with wanton recklessness seldom
/ shown by any court and never before
1 known i'm this country.
Certainty of speedy punishment is
: the greatest possible deterrent to
crime; and the multiplication of techni-
/ calities and technical excuses by which
/ a criminal may evade the legitimate
! consequences of his acts Is "A direct in
! centive to crime.
! uulrsu a halt can be called upon Tie
! policy of obstruction to justice and OF
success to crime" now being pursued
Honolulu runs the risk Of becoming one
of the most lawless, instead of one of
| the most law abiding, of communities
A