The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-01
JUDGE HlGHTON ON THE
HAWAIIAN JURY SYSTEM

tyelop the. existence or non-existence OF {
lground of challenge IS not only proper
but essential, and especially in place.
where a considerable part of the popll
Ilation is transitory. Originally jurie:
were summoned from neighborhoods
were generally known, and indeed were
supposed to have some familiarity with
1.-THE facts of each particular case Now
most jurors summoned are unknown te
the party accused or to the counsel by
whom they are examined. To compel a
lchallenge for cause before a juror is
Tested on his voir dire would tend to de-
feat justice and might often result in the
icondition described by Shakespeare:
"The jury passing on the pris-
oner's life,
May in the sworn twelve have
thief or two
| Guiltier than him they try"
The preliminary examination of jurors,
| to great degree, is controlled by the
discretion vested in competent judges,
who are Indifferent between the prosecu-
! ton and the defense, and | cannot per-
ceive in 1t the slightest analogy to an
tinquisition or any substitution of trial
of jurors for the trial of the prisoner. In
most cases, such examinations are brief
and rapid. In some cases they ought to
be exact and full. The length of trials
depends and should depend upon the
facts and circumstances of each par
ticu1ar case Most trials are short I
have repeatedly observed in Honolulu
two or three verdicts in a day. Each
case should consume the precise time,
and no more, required to subservc the
ends Of righteous judgment.
Jury trials have been disturbed and
affected by arbitrary methods on the one
hand and by loose methods on the other.
The American system, TO which the
British system virtually corresponds, is
based on the proposition of absolute
equality before the law. Some of the
longest trials in the history of juris-
prudence have occurred in England. The
Maybrick case was an example of thor
oughness. The Tichborne case, think,
was the most elaborate trial on record
No one, however, disputes the fact that
practical justice is rigidly applied in
Great Britain.
The underlying necessity in criminal
Jurisprudence, is real and not per-
functory equality before the law. The
state or the territory has no legitimate
prepossessions Il acts without refer
ence to the personal equation and desires
nothing but the conviction of the guilty
and the acquittal of the innocent-guilt
or innocence to be determined through
the existing forms and processes of the
law, deliberately and coldly applied, and
which, if defective, it is within the legis- |
lative authority to amend. A prosecuting |
officer does not occupy the position of |
ordinary counsel He is the representa-
tive of justice, alike to the common
wealth and to the accused. There is a |
sense in which he represents both sides |
and acts as counsel for the prisoner
that is, in the protection of his legal |
rights All cases stand essentially upon
an equal footing and there can be no
lust discrimination between cases. Every t
rial should take its official course with
out either undue Drecioitancy or undue
In a case Of homicide,
he station in life or the personal worth
IF the victim IS not to be consIdered-I
Except, of course. naturally and properly,
" the public The murder of a Presi-
tent, in itself, Is no worse than the muir
Ter of hod-carrier. In the sanctuary
# the law. there is. no room for prefer
nee or for vindictiveness or for re-
-enge Vengeance IS Mine-I Will re-
,ay. said the Lords'
II is true that the whole subject OF
urors has been twisted out OF all
emblance to its original form. This,
ocial and political advancement, the de-
elopment OF free institutions and the
ising value of individual man. have
ompelled It will be a bad day for the
7orld when. if ever. this reform is ar
ested It will be bad day for the
american Union when, if ever, color. ig
ORANGE. degradation. or anv conceivable
base Of humanity. can abate one jot or
ne title Of the protection to which. I'M
err our institutions. every human being
equally entitled It will be bad day
IF justice when. If ever. a man charged
18th crime, is deprived OF the right. not
select. but to participate in the seiec-f
on, of the jurors. by whom under the
W. as declared by the court. the issue
volving his life or his liberty. IS to be
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