Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-10-04
JURORS IN OPEN COURT
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sccution was concerned but declared I
that he believed defendant guilt, |
when Davis asked II he entertained
any opinion; excused.
Samuel X. Pauolo examined: Mind
free from bias; was home in Kalihi on
tho night OF September "a, the night f!
OF the murder: was not down town
that night; read the Advertiser but
didn't believe what II said. Passed
for cause.
Juror chaplin examined: Knew OF
no disqualifying cause, but said, y
believe the man to be guilty"
"Your impression Is about TO this
extent. is It not?" said Prosser, You
believe that somebody is guilty OF
murder"
Defense objected to prolonging the
examination of juror after he had
freely declared that he believed the
man to be guilty. After argument jur.
or was excused.
]. A. McCandless said he had ex
pressed an opinion In regard ts the
case but not in regard to the defend.
ant. He had no fixed opinion as TO the
guilt or innocence Of the accused.
Il would give the defendant n fair
and impartial trial to the best Of my
! ability" said he.
The Juror seemed to think there was
something of an implication in the
mere fact of man being accused. Elk
animation. by both prosecution and
defense. ON this point. was prolonged.
Said McCandless, answering ques.
tons: when man Is accused. there
Is without doubt something there. The
fact that he Il accused has something
tn do with II. In theory man Is pre-
sumed to he innocent until he Is prov
! on guilty. In practice. I think, with
many jurors. an accusation Is some
thing OF an Implication Of guilt" The
Juror said he would, Judging by the
witness who happened to be on tho
stand az the time, all other Things be-
ing equal, give the same crodonce To n
Porto Ricau as to n white man.
From what I've observed OF Porto
: Ricans here think they are prcdfs
posed TO crime to q greater extent
than many Others" said Nc.
b. Defense challenged MvCandless fol
: cause.
:. The juror thinks the presumption
of innocence Is q glorious theory, but
. does not work ont In practice" sale
Thompson, challenging.
Davis spoke at length on the pre-
sumption of innocence being one %
the greatest safeguards of the law FOL
p the innocent man.
THE prosecution has Ia prove th'
; ease" said McCandless.
Judge Gear denied defendants chal
, lenge, McCandless declaring his fair
!. ness Of mind.
/, Juror Kaohi was passed by the prd
/ sccution. answering questions salts
{ factorily. Il have formed no opinion
/ and have expressed no opinion" SAT-
, he. Passed by defense.
1 John Sopcr Jr. said: Il think tina
, with the opinion have | could hardi.
D give the defendant fair trial"
. Il challenge the juror" said Prosser
. II join in the challenge" sal,
: Thompson.
Juror excused" said the Court.
. Juror Lucas: II believe this man /
q guilty"
: "Good.by," muttered rrosser. wit
, resignation.
n Aloha" whispered Thompson.
, Challenge for causc!" said Prossel
aloud.
"Join IN the challenge" said ThomI
son.
Juror excused" said the Cont.
= J. &. ANtell called: I've formed n
, opinion: have an impression. woul
: be guided solely by the evidence. NJ
: impression is derived from the news
= papers" said he, replying to the usua
tnterogations.
How do you differcntiate betwee