The Hawaiian gazette., 1905-12-15

!. INIAAI''
ffam tta nsiiii 0uefit la iht fiftnH
l.ufIs ifi nsIetslif ~ nes ifiait iht
laai "a small fasta ia ths Territory
tf. fIufi nIrktf al1 thai tht .afi
Ui frUtsH il fhf q n ClrlN Court
oi Atroaf Nas bot iess ihaa f-at ih
hny ult llsa fnd therefore fhe apft1ls
stfe nni numerous
sfpaklnr If che dincuiiy ~ convict
in4 rDs1Hs indicted by the grand jury
he said tht law wins an on the sids ~
ihs criminal The theory heinr that "
was better 10 let the euilty 30 free
'han Oh send au innocent man 90 prison
he said the Supreme Court would re-
verse criminal eases aud send them
back to the Circuit court for nov trials
where they would have sustained the
plaintiff had II been a civil action.
The prosecution Was likely 90 lose from
the fact that witnesses had forgotten
exact details especially In the case
Of police officers who had many ar
rests 10 make and who were compelled
TO rely a good deal on their former
testimony. rather than on their actual
memory. they having made so many
similar arrests meantime that Il was
possible for most any lawyer to upset
police testimony on a retrial.
a GENERAL DISCUSSION.
President Horne of Kamehameha
Schools spoke of the virtue OF the
Juvenile offenders law and the inn
mense saving TO the government OF
such courts. Supposing that the num-
Der of persons who We're not sent to
the reform school was twenty out Of
the forty instead of thirty, as stated
by Judge whitney. the saving, at 25
cents a day for twenty children was
$500 or $4,000 for the biennial period.
He thought il was actually more than
that. He disagreed with Judge Whit
ney about offenders having once been
In the reform school not caring wheth-
er they went back again. He said
that the boys liberty was restricted at
the reform school. Their clothes We're
taken away at night until the next
morning and IL they ran away. they
were chained up, and whereas boys in
others schools had one day off to them
selves, the boys at the reform school
had to work all the time.
Judge Kingsbury remarked upon the
proposition advanced by Judge Dickey
that the courts leaned toward the
criminal and said 1t was true in so
far as the criminal was a part OF the
community, but that the courts did
not lean to the criminals as a class.
He said 1t was not sufficient that a
man be convicted. He must be con-
victed legally by due process of law
| "a
community that this was so.
Judge Kingsbury also called atten-
ton to the fact that all our best laws
We're the result of evil. Not that the
evil ones were to be given any credit
! for the good laws, but oppression had
brought about laws for the protection
of liberty and greed had brought
about laws for the protection of life
and property. He also said II was
not right to blame courts for failing
to convict people whom the community
thought guilty. II was the business OF
the courts to administer justice impair
TALLY. 1t was the bulwark of freedom
that no man should be convicted ex-
cept by the processes by the law laid
down.
THE NEXT MEETING.
7, Next Thursday, County Attorney
Douthitt will explain the difference be.
tween Federal. Territorial and Coun'
ty police systems and the functions Of
each with relation to the other and
also of the classification of prisoners
and their treatment in the jails and
prisons. All young men are welcome
Those present at the dinner were;
John NJ. Martin, Perley L. Horne, Jas
A. Rath, l.. b. Kingsbury, VIM. L
Whitney, F. +. Haley, f. B. Turner
Chas. ]. Biart, Thos, L. Mcclure, Car
Fl. Neiper, Lyle A. Dickey, r. Sprague
IC. ]. Day. Chas. Simpson, Walter
Clerk, w W. Green, Havey. II. Tom.
line, Henry c. Brown and the Adver.
tiser reporter.
AS the fearless white man entered
the kraal of the native king, a salut,
was sounded on drum of serpent skin
and six warriors with necklaces of hu
man teeth rafting about their threats
led him before a rough ivory dais, OF
which sat a majestic and formidable
figure. Hail" said the white man
And without loss OF time, he took on
one of his brass watches, wound i
up, and showed it's works to the dusk!
monarch. This marvel" he said, 90
will give your majesty, making you tn
envy of all men, and in return for onl.
six tusks of seventy pounds weigh
each. The king took the watch. pro
duced a monocle from a pouch hiddei
in his shield, and, after a moment
study of the brass trinket, returned 1
with languid smile. Last year." h
added. "in London. / exchanged an oil
wooden war-club for a bushel Of thes
things, and, by Jove, there wasn't on
OF them that ran above a week."
Havey H. Tomlins, who is takini