The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-01

THE RECORD
GaIbraith Makes Martyr
of Convicted
Briber.

Al majority Of the Supreme Court mas
decided to dismiss the writ of error
brought by Tong Kai alias Taing kai
against the Territory of Hawaii N.
reversible error is found among the
eleven errors assigned TO the Circuit
Court, First Circuit.
| Plaintiff was convicted of trying to
bribe an executive officer, this being
e. C. Peters, Deputy Attorney General.
by offering him $500 TO influence bus
official action in respect to gambling
cases thathmight be given him to han
die Justice Perry writes the opinion
| of the court, Grief Justice Frear sign
ting it with him. Justice Galbraith Mes
a dissenting opinion. J. A. Matthew.
man appeared for plaintiff in error;
III F. Prosser. Assistant Attorney GEN
leraI. for defendant in error.
Following is the law of the case as
found by the majority:
I'm the absence of any showing 10
the contrary the presumption is that
| the grand Jurors who found an indict-
ment were good and lawful men and
| that not less than twelve concurred IN
the finding.
| "a person accused of an offense has
no right to appear before or to have
witnesses heard in his behalf by the
grand jury.
| "a deputy Of the Attorney General
for the Territory is an executive officer
and may decide and act upon matters
/ that or are brought before him. within
| the meaning of Section 255 of the
! Penal Laws.
IAN attempt by a promise OF gift
- s5o If
Attorney General for the Territory.
jeven before the intended commission Of
an offense, in his decision and action
lconcerning the criminal prosecution of
] the offender, is punishable under Sec
ton 255 of the Penal Laws.
i "a conviction based upon the uil-
corrsborated testimony OF an accom-
plice is legal
"A person who has sworn falsely in
a case but has not been convicted of
/ perjury, is not thereby rendered in
competent as a witness in a subsequent
case
OBJECTS TO SPEEDY JUSTICE:
! Justice Galbraith makes the follow
| ing statement in his dissenting opin-
/ ion:
| II am impressed with the conviction
iHhat there was great haste exhibited
to land this Chinaman in prison for
some undisclosed reason. The indict-
ment was returned May IA, charging
| the alleged offense May 10, and he was
/ tried and convicted May 27. Whether
| or not he was ever arraigned or plead
Ito the indictment the record here does
not disclose. At. any rate there seems
/ to have been a prevalent desire to
=
| The counsel who then appeared fcst
him offered very little resistance TO the
fulhlment of this desire..in fact the in
Imigtnt be justified from his line Of
defense and the feebleness with which
the same was presented.
/ The attorney here abused by Justice
Galbrith is not the same one as pros
prene Court, but is one now absent
I from the country.
RECORD SAYS OTHERWISE.
With reference to the above state
Iment about the record, the clerk of the
ICircnit Court has shown an Advertiser
reporter the indictment. which bears
the following endorsements:
Presented this 18th day of May,
A, D. 1908, and filed this goth day of
May, A. D. 1908, nuhc pro tune as of.
May 10, A. D. 1903.
plea: May 20. Reserved until Sat
urday, May %, A =. 1903.
i Copy of the within Indictment hand
ed to the defendant prior to arrafgn-
fment this 10th day of Nay. A. d. 1908
May 23-Plea: Not guilty.