The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-30
The JURY
SYSTEM
D. L. wilmington On
It's Numerous
DraEbacks.
HonAlu. sept. %. 1aO4.


I Editor Adverti@: Your editorial in
this mornings idle on the collapse
pf the Jury sEtem in Honolulu"
touches a spot Val 20 the safety of
the Republic.
In the main IIgree with it, but I
do not agree WI so much of it as
holds Judge GeaIand his4elIow Cir
cult Judges resp( sfble. do not hold
them free from kticism They have
fallen into the sw of the tide and
floated with it dead of boldly stem
ming it.
1t was my foane to practice law
for more than teS wears in Massachu-
setts and for mel " twenty years in
California, and 1 An bear witness to
the fact that juHsystem in Massa-
chusetts, while from perfect, is
still Efficient prapt and Impartial
and that the like sstem in California
is universally dilsry, inefficient, un-
satisfactory. A juz case a week is a.
fair record in Cahrnia while Massa-
chusetts will aveIze three.
The difference Tween the two sys-
TENS is primarily 4e to the fact that
the California nAod, which is an
extension of, the w York system,
commences trialg an inquisition of
the juror. of chakter not surpassed
since the days of Hhilip II; whereas,
under the MASSACHUSETTS system, no
inquisition of theHaror is allowed.
They have not yetIbstituted the trial
or the Juror for trial Of the ac-
cused.
1 have not praeEd long enough in
this Territory tdSpeak with any
knowledge of its ,fmer methods OF
criminal procedurdSo far as the Or
ganic Act is concEed and the Stat
utes of the Territosthere would seem
to be no warrant3r the inquisition;
in fact the. Statutwould seem to be
otherwise and as this country the
common law, excx as modified by
statute and precent prevails, there
would seem to ban additional rea-
son why it should 1t be allowed. Un-
der the common Il and according to
the practice of mt of the courts, a
challenge must p1de an examina
tion and it has be an open question
whether the Juror aid be interrogat-
ed at all; in any sent there was no
right to examine juror in order to
fish for some grad of exception. |
When the chaIleneWas made 1t could |
be tried by the cot or by triors and |
SO the Hawaiian suite provides, but |
the ground had to alleged with par |
ticularity. Of coue under such a |
system of procedr very few chal- |
lenges were indulg in and jury trials |
proceeded in an derly course. In |
order to mitigate 1as- rule, some Of I
the States, as MaschuSetts, allowed, |
on motion OF eitheYarty and for good /
cause shown, the 3nrt, but not the |
counsel,Nto ask cern prescribed ques-
tions of the jury, 2; Whether they
had formed or exessed an opinion |
or had any bias or e5udice, but coun-
sci of either part%ere denied the
right, personally, interrogate< the
jurors on the grou that the orderly
of tria was better pro-
NOTED by the couri making the gen.
eral interrogatory.
On the other han california, in an
early case, started e opposite theory
and held that couns gould hold an in
quest on the Juror store being called 4
on for challenge. r. result has been :
the prolonging of ais the absolute |
destruction of the visibility of get
ting an intelligentnry in any case
Of public importandand the frequent
of juce. l sincerely
hope that this Terrry will not COM
nit a like mistake.
The whole subjectfsjurors has been
twisted out of all mblance TO its
original form. TherfrninaI of today
who appeals to his nntry, according
20 the theory of rEern law, has
light to select what IN shall try him.
such is the practics0peration of the
modern system: s31cwes not the the
,ry of the common w The accused
lad the right to apr1 to his country a
nut the governmenuad the right to .,
Ieterrnine what port OF his country
hould try the case When panel a
vas summoned, the ale could direct
uch jurors as they2W Mt TO stand
side. or. In other wds, could select q
welve men out of es entire panel;
[ any of the twelyswere challenged
or cause or pereuprily. then the bi
nan who stood asidssrved as juror | te
nless the State cou snow cause a
ainst his summons challenge per-
b
Is it to be wondereSt that so many D
ailures of justice of if the people
low the law to be wFerted? The
rouble Is not with kzjudges alone. v
4 fact, less with the n8es than with | 3
Continued oiFsge'41