The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-09
JUSTICE IN
OLDEn TIME
Continued from Page II

Continued from Page II
time the relations between the parties
to the fatal affrav had been dangerous
" strained that the deceased had often
used threatening language towards the
prisoner, putting him. as was contended,
in serious apprehension of bodily harm,
that he had for weeks believed his life
to be in danger, and that, under the
circumstances, the shooting was a Justl-
fable act of SELF defense. This view
of the case led to a somewhat extended
examination into the character, habits
and intercourse of the two men, much
testimony as to the cause of their es-
arrangement, and a renewed investiga-
ton, at considerable length, of every
incident connected with the final en-
counter. For these and other good rea-
sons, including the larger license which
is not improperly accorded to witnesses
for the prisoner, the defense was pro-
longed to a period slightly exceeding
four hours.
Now, [ observed further in my dream
that the testimony on both sides having
been closed, the presiding judge, at five
clock in the afternoon, informed the
counsel that after an intermission of
two hours for dinner, the case must
proceed without interruption or delay
until finished. While ! can not say
that this announcement had any marked
effect in checking the flow of forensic
eloquence, ] can affirm that the fears of
an all-night session expressed by some
and apparent on the faces of many,
proved to be unfounded.
At the re-opening of the court, the
jury were addressed by the counsel for
the prisoner and for the state, in argu-
ments of marked ability, consuming,
taken together considerably less than
three hours 1t follows, of course, thar
there was no wearisome comment on
unimportant items of evidence. Only
the strong points were emphasized and
vigorously pressed upon the jury. Here,
as elsewhere in the case, clearness and
condensation seemed the qualities
deemed most essential to success. Half
an hour suficed for the charge of the
Judge Two hours later, the jury re-
turned to the courtroom and stated,
through their foreman, that they had
agreed upon a verdict: "Guilty of
manslaughter in the second degree. -
From the commencement to the conelu-
sion of the trial, the entire time occu-
pied had been fourteen hours.
On the following day, the accused re-
ceived his sentence of FIVE years i'm
prisonment with hard labor, the Attor-
nev General uniting with the prisoner 8
counsel in urging that this, the mini
mum term. should be the limit of his
punishment, in view of certain circum-
stances which the humane prosecuting
officer thought might not unfairly be
considered extenoA ting.
a few 6aVS Is.1t I saw the defendant
in his newly assigned quarters. Though
of a social CRAZE much above those by
whom he was surrounded, he was not
detailed for eas.y clerical work or pro-
vided with superior accommodations;
but, clothed in the regulation prison
uniform, was made in no respect to diff
fer from his fellow convicts.
And now, having by an apparent alle-
CORY sought to prepare your minds for
the more ready reception of somewhat
startling truths, let me throw off all
disguise and confess that this trial, pre-
cisely as described, was an actual occur
renee, of which | was a wakeful eye
witness. in this year of our Lord, 1885.
Permit me to add few words by
way of general comment on the trial
1t was marked throughout by singular
dignity and decorum, courtesy and fair
ness. 1t was shortened by no unseemly
haste, as it was certainly prolonged by
no unnecessary delay. 1t was tried to
the court and jury and not to the spec
tators. Evidently, it was not regarded
as a popular entertainment to which adj
mission is free for all, and where bois-
ferrous merriment in the audience IS a
lawyers suitable reward, but as a de-
cent, deliberate, dispassionate investiga-
ton into the guilt or innocence of hui
man being charged with unlawfully TAX
ing the life of his fellow. Only once
was there anything resembling a dem
onstration of feeling This was in
stantly checked by the presiding judge, |
the audience being informed that an
other such manifestation would be fol- |
lowed by the prompt exclusion of all |
spectators. 1t is also deserving of men,
ton that, during and subsequent to the |
trial, the newspapers confined them
selves to a, literal transcript of the pro-
ceedings. Moreover, the absence or
silence of the interviewer was conspicu-
Gus and-comforting. It was gratifying
to observe that no flowers from fair
hands solaced the sufferings of the pris-
oner. In that community, one does not
enter the company of heroes through
the gate of homicide.
Some features of the trial seem to me
to call for specific mention.
And, first: The selection of the jury.
This was speedily accomplished, because
the inquiry as to fitness was practically
limited to single question: care you
able to decide this ease without preiu-
dice or partially, upon the sworn tes-
timony which shall be submitted to
vou!' Those who could not reply in
the affirmative were set aside OF