The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-12-15

nIan is working, Judge Whitney sai6
that of the forty cases which had come
before him ten resulted in sentence
10 the reform school. He said that
| there were cases. however, which show
ed excellent Improvement. 1t is a GU
rious fact that all the juvenile offend
ers. with one exception, a Chinese boy
had been either Hawaiians or Portu-
guese and that all the cases against
| Hawaiians had been that of truancy
| while most OF the cases against the
Portuguese had been petty larceny.
| The juvenile offenders plan had
: originated in Denver where Judge
| Lindsey had made a great success OF
the scheme. It had now spread all
over the United States in spots ard
was probably permanent contribu-
| ton to criminal procedure.
AS TO the cost of sending of chill
dren to the reform school, it cost the
Territory % cents per day to keep one
there and therefore every child that
was not sent to the school was a saving
to the government of that much ex
penee. Judge Whitney did not think
the law had any effect upon those who
had once been to the reform school
~
been there. The present probationary
officers are L. A. Dickey, Rev. A. B.
Turner, Rev ]. A. Rath, j. Ryder and
Father Stephen.
The chairman, Judge Kingsbury, re-
marked that the best juvenile court
was the home, the next best the school
and the juvenile court proper was good
for those which the first two failed to
properly teach. He then introduced
Judge Dickey who spoke on Courts
in General"
JUDGE DICKEY'S ADDRESS.
Judge Dickey said little that was
new, but he had a very fortunate way
of stating commonplace facts which
brought out a good deal of discussion.
He spoke of the jury system as a
relic of old Teutonic tribe times when
the chiefs We're the judges and the
people were afraid of them and wanted
a say in the convictions. He also re-
ferred to the transplanting of this Teu-
tonic idea in Anglo Saxon soil and the
fear of the people that the judges APP
pointed by the King would not give
the people their full rights unless con- |
trolled more or less by juries of their |
peers Referring to the incongruity |
Of the jury system, he remarked that |
some of the most important cases now |
before the courts of the country were |
tried without a jury, such as injunc- |
ton suits and suits involving the con- |
struction of wills and the disposition |
Of property under them, also all ad
niralty cases in the United States
courts.
Judge Whitney had spoken of the
FrOIhla o9l nv a ric oh of annaal
from the district courts to the circuit
courts, the necessity of new trials, the
cost of small cases to the Territory
etc. Judge Dickey said that the cost
Of appeals to the u. S. Circuit Court
Of Appeals was not less than $1,000 in
any one case and therefore the appeals
were not numerous.
Speaking of the difficulty of convict
ing persons indicted by the grand jury, |
ne said the law was all on the side of |
the criminal, the theory being that it |
was better to let the guilty go free
han to send an innocent man to prison.
He said the Supreme Court would re-
verse criminal cases and send them
back to the Circuit Court for new trials
where they would have sustained the
plaintiff had it been a civil action.
The prosecution was likely to lose from
the fact that witnesses had forgotten
exact details, especially in the case
Of police officers who had many ar
rests to make and who We're compelled |
to rely a good deal on their former |
testimony, rather than on their actual |
they having made so many |
similar arrests meantime that it 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 i'm
mense saving to the government of |
such courts. Surprising that the num- /
Der of persons who were not sent to /
the reform school was twenty out of |
the forty instead of thirty, as stated
by Judge Whitney, the saving, at %
cents a day for twenty children, was j
$500 or $4,000 for the biennial period. Il
He thought it was actually more than
that. He disagreed with Judge Whit
ney about offenders having once been
IN the reform school not caring wheth- Il
or they went back again. He said II
that the boys liberty was restricted at
the reform school Their clothes were
taken away at night until the next
and if they ran away, they |
we're chained up, and whereas boys in
others schools had one day off to them
selves, the boys at the reform school i
lad to work all the time. Il
Judge Kingsbury remarked upon the
advanced by Judge Dickey
he courts loaned toward % 4,