The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-11-16

proving every material fact essentia
to the complete chain of facts TO estab
lish guilt, beyond a reasonable doubi
/ Continuing. Judge Dole said:
subject to these rules 1 instruct yor
specifically as follows:
This is charge of adultery agafns
the defendant. and in order TO find
| verdict of guilty against him it mus
| be shown to your satisfaction. bevon,
a reasonable doubt. that the defendan
/ hekauoha was previously married Il
| another woman. and that such mar
| riage continued up to the time of the
/ charge of adultery, and that no di
/ vorce from that marriage had taker
| place. and unless it affirmatively ap.
i pears from the evidence in this cause
| that such divorce has in fact taker
| place, You are to consider such mar.
rage as actually continuing up to the
| time of the charge of adultery. Sec.
| ondly, 1t must be shown that the de-
| PENDANT has had sexual intercourse
with Amia Liilii at the time charged
In regard TO the proof of such sexual
intercourse it is very rarely that the
act of adultery or Illicit sexual inter
course can be testified to by eyewit-
| nesses. It is more usually proved by
circumstances.
You may, in deciding this case.
properly exercise your own judgment
and apply your own judgment and ex-
perience in regard to the general sub
ject of inquiry. In constituting and APP
plying testimony you may make rea-
sonable differences and deductions: it
| is proper for you to apply to the facts
proved your general knowledge as in
| telligent men; you should test the
truth and weight of evidence, and what
it proves. by your knowledge and
Judgment derived from experience. OBJ
servation and reflection. and it is com
petent for you to use your knowledge
Eof human nature and of the customs of
society, in your efforts TO interpret
conduct and judge of its indications.
The law does not require demon
stration: no human testimony is SUI
perior to possible doubt, and all that
is required is that the testimony con-
vince you. as reasonable men, to q
moral certainty and beyond reason
2 bic doubt, that the defendant COM
m.tted the acts charged in this indict-
ment. If the testimony does so con-
vince you, then 1 charge you that it
is your duty to convict accordingly.
Testimony has been given in this
case of circumstances which took
place at different times previous to the
time of the offense charged. tending to
show illicit relations between the de-
PENDANT and Amia Liilii at such times.
Thn nf in eaS aS
is, that if a man and a woman show
by their conduct toward each other
that they have a lustful passion which
is mutual and which is so pronounced
that it may be called an adulterous
inclination toward each other. they are
likely to crafty such passion whenever
they have an opportunity.
THE character of Illicit sexual pas
sion is different from honorable sexual
passion in this way: where two lovers
seek each others society with a view
to marriage, there usually exists both
the physical attraction and the higher
spiritual affinity, both of which infiu-
ences tend to bring them into very in
innate relationship and eager anticipa-
tions of the consummation of their de-
sire for each other by marriage, by
which they intend to assume all the
responsibilities belonging legitimately
to such a relation whereas the man
and woman who are attracted TO each
other by sexual passion, but who,
either because of obstacles like mar
rage relations between one or both of
them and other persons. or because
their attraction is merely physical, as
1iUhtlxv without
the moral and legal responsibilities
which they should assume, violate both
the law and the principles of moral
ity. and the latter because of this
absence of responsibility. Sexual pas
sion between a man and woman once
developed is likely, but not sure, to
continue.
THE Indictment charges that the act
of adultery therein said to have Deen
committed by the defendant and Anna
was committed on February L. 1907.
ana the ultimate question before you
is whether or not the evidence salts
fies you beyond a reasonable DOUBT
that such offense was committed by
those parties on that day. Evidence
has indeed been adduced at this trial
for the purpose of showing the COM
mission of other acts of adultery by
these same parties on various occa-
sions prior to February y, 1907, but
as I said to you briefly when such
evidence was being admitted, 1t was
admitted and is before you now solely
on the issue of whether or not prior
to February y, 1907, an adulterous dis
position existed on the part of the de-
PENDANT and Anna towards each other,
and such evidence is proper to be cor
sidered by. you on that issue, but
nevertheless, before you can convict
the defendant you must find that the
prosecution has proved beyond rea-
sonable doubt that on February II,
1907. the act in question was COM
mitted: therefore, even if you find from
the evidence. and whether or not you
do so find is for you alone TO deter
mine. that prior to February r. 1901
the defendant and Amia did on one
or more occasions commit adultery
still. if upon all the evidence you are
not satisfied beyond a reasonable doubt
that they committed adultery on Feb
ruary u. 1907. you must find the DE-
PENDANT not guilty.
900 f