The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-07-20

80 In order to agree anu arrive dt d
verdict it is the duty of each juror
to lay aside all pride of Judgment and
carefully review the ground OF his
opinion.
HsNo juror, from mere pride of opin-
ion, hastily expressed, should refuse
to agree. nor, on the other hama, should
he surrender any conscientious views
founded on the evidence, and it is lie
duty of each juror to reason with his
fellow Jurors concerning the facts in
volved in the case with an honest de-
sire to arrive at the truth, with
view of arriving at a verdict.
Each Juror should examine the
question or questions Of fact sub
mitted with eandor and with proper
regard and Difference to the opinions
of the other jurors, and in this regard
each juror should listen to the argu-
ments of each of the other jurors with
disposition TO be convinced, and, Ii
much the larger number are for con
viction, dissenting juror should con-
slider whether the doubt entertained
bv him is a reasonable one In view Of
the fact that such doubt is not enter
tanned by SO many of his fellow jurors,
equally honest and equally intelligent
with himself. IF. upon the other hand,
the majority is for acquittal, the MI
nority ought to ask themselves whether
they might not doubt the correctness
of a Judgment which is not coneurred
in by the majority. Undoubtedly, the
verdict of the jury should represent
the opinions of each individual juror,
| but it by no means follows that opin-
ions NAV not be changed by conference
and discussion in the jury room. The
very object of the jury system is to
secure unanimity by comparison OF
views and by arguments among the
Jurors themselves. Each juror should
listen with attention and Difference TO
the arguments of his fellows, and with
distrust of his own Judgment, il he
finds a large majority of the jury
taking a different view of the case
from what he does himself. No juror
should go to the jury room with q
blind determination that the verdict
shall represent the opinion of the case
entertained by him at the moment he
enters the jury room. He should not
close his ears to nor exclude from his
consideration the arguments of men
who are. equally honest and intelligent
as himself.
sfAbsolute certainty cannot be ex-
peeted in large proportion of eases
because of the transitory character of
human recollection of past events and
| the difficult and imperfect, and often
/ inaccurate, expression of the various
mental processes by means of words
and phrases. The degree of certainty
! raor,iraI Il ~
| truth of the charge set forth in a com
| plant or Indictment is not which
| transeends or even equals absolute GER
tainty or positive conviction to such an
| extent as to exclude every possible
/ doubt, but only that degree of certainty
| that will exclude every reasonable
! hypothesis. but that of guilt--a moral
certainty, such as will satisfy and di-
rect the understanding and Judgment If
/ those who are bound to act conscien-
! tiously upon it, not such as might be
necessary to induce a person of the
| greatest prudence and caution to act
| but such as a person of ordinary pru-
! dence and caution and of ordinary in
| telligenee and understanding would be
willing to act upon in the graver and
more important affairs of his own life.
Could Not Agree.
/ With this direct encouragement for a
! compromise verdict the jury was again
locked up and left in charge of Bailif
| Harrison. At ten clock request
was made by Foreman Goudie that the
! jury be again brought into court, and
it was granted by Judge Robinson.
When the jurors were again in their
seats in the jury box Judge Robinson
said:
Gentlemen, I understand that you
desire to see the attorneys, kindly state
! what you wish in this matter. -
Foreman Goudie.-Your Honor, this
| jury wished to come here and state
that it positively cannot reach an
/ agreement on this case. We think
! that we have done our duty as citizens
in this case and we are divided in such
a manner that it is an impossibility
for this jury to bring in verdict in
this case, were it kept one day or six
months longer this jury would not
| agree in this case
The Court.-Since you went out the
/ last time have you attempted to take
any ballota
Foreman Goudie.-We have taken q
ballot since we went out. Your Honor,
The Court.-Any changef
Foreman Goudie.--Not a particle of
change. We are in the same position
this morning as we were on Saturday
night. We have voted on this mat
ter, [ can safely say thirty or forty
times, and our ballot has not changed
materially in all that time. We have
tried all different kinds of votes that
we could think of and we surely can
not agree.
Attorney Lightfoot.-May it please
the Court, do not think that ever a
case was presented more fairly demand.
ing that the jury be discharged and q
mistrial ordered. This jury went out
as Your Honor knows, at FIVE minutes
past four on Saturday afternoon, and
/ It was not long before these halls were
| resembling with the arguments and