The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-01
Honolulu, Sept. 80. 1904.

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! Editor Advertiser: Anything Mr.
David L. Wilmington may write i:
worthy of earnest consideration. There
fore his letter to the Advertiser, upon
your editorial entitled Collapse of the
jury System in Honolulu" should and
will attract general attention
do not agree N all points either with
| the editorial or with Mr.. Wilmington 5
letter. / do not believe the jury system
in this Territory has collapsed, though |
admit that it is hampered, and almost
blocked, by bad law that needs speedy
and thorough revision. Nor do | endorse
structures upon the judges, who do not
make the law and whose sworn duty is
to declare 1t, as they find it. In this as
in many other matters, the responsibility
must rest upon the legislature.
1t is useless to discuss technicalities in
the columns of a newspaper. Massa-
chusetts is an ancient, well organized
and polished commonwealth, with a
population not exceeded in intelligence
or education in the civilized world The
jury system there, / will not presume to
discuss. Doubtless it is well adapted to
the conditions of an advanced and an
enlightened State. But will not admit,
and | distinctly contravert. the PROPOSE
ton that the jury system in California
IS a failure That State, III this respect,
as in all others, is abreast of the high
est phases of modern progress. It's legis-
lation, not perfect-what legislation IS?
lis nevertheless the result of thought,
labor and experience and substantially
corresponds to the necessities and the
wants of a welI-ordered and aspiring
Western American community.
There was time in the history OF
California, when, in any criminal trial
that excited great public interest, part of
the examination of juror was about as
follows:
Counsel to Juror: Have you read or
talked of this case"
Il have"
From what you have read or heard,
have you formed and expressed an opin-
ion as to its merits :"
Il have"
rs that opinion qualified or unquali-
fed"
Unqualified.
Would it take testimony to remove
III"
1T would"
Counsel: Challenged for cause"
he court. AQdl1SIgS dtIOWGO-
In this way, hundreds of qualified
jurors were excused, hearings delayed
beyond endurance and justice In many
cases defeated. Thirty years ago, the
statutory definition OF actual bias was
so as to read as follows:
For the existence of state OF mind
on the part OF the parties. which will
prevent him from acting with entire inn
partiality and without pref to the
substantial rights of either party.
In the same year. by Section 1915 of
he Penal Code, the foregoing definition
If actual bias was protected by this Ian
guage:
g but no person shall be disquali-
led as Juror by reason of having form
ID or expressed an opinion upon the
natter or cause to be submitted to such
ury, founded upon public ruTnor, state
nents in public journals. or common
lotoriety; provided il appear to the
ourt. upon his declaration, under oath l
II otherwise that he can and viii, not
such an opinion, act inl- {
,artially and fairly upon the matters 70
e submitted to him."
For the purposes Of this letter. It IS IN \
ecessary TO refer TO any further leglsla- I
on in California The rule there adopt
d has been on the whole closely applied, J
nd 1t has worked out excellent results 5
will venture 10 say that California 5
1ries in criminal trials will compare,
ot unfavorably. with juries in every part r
the United States My own observa- {
on does not correspond with Mr.. With Y
'gton's Impressions | think any OF the r
velve Supreme Court Judges in San Z
will state that instead of one n
.ininal trial per week. the average is P
.veral, and that it IS not uncommon for Q
30 or even three cases to be tried IN d
ugle day In the country districts, | Is
I've frequently seen criminal trials Il
lsfed with rapidity and precision. "
The common law treatment of juries t
as brutal. and would not be tolerated II
the American republic. It is also OBJ Ia
Gus TO my mind that. in modern times, II
e right 70 examlne- every Juror to de- d