The Maui news. [volume] (Wailuku, Maui, H.I.) 1900-current, 1910-06-11
COURTS OF LAW 81
AND JURY TRIAL
Some of the Technical FoIIies Pointed Out by
Eminent JuriStS

case before the grand jury. The
grand jury is also given discretionary
power, and can discharge the accus-
ed if it.sees fit, or can find true
bill, as it is termed. Either the
District Attorney or counsel for the
accused can recommend to the trial
Judge that the case be dismissed, OF
the Judge can dismiss it on his own
initiative.
Probably one-fifth of those ar
rested are left to face their trial
and the selection of the jury is be-
gun. The Gilhooley and Shea cases
referred to hereafter, illustrate how
formidable part of the proceedings
the selection of a jury may be made,
and what chance is here given for
the beginning of what is too often a
miscarriage of justice.
After the selection of jury is
completed, the actual trial is begun,
and, in most serious cases, the counsel
begins a series of absured wrangles
about the choice of words in the in
dictment, about what constitutes
admissible. evidence, whether it
shall be heard when offered, later
on, or at all. 1t has often been re-
marked that during this stage of the
proceedings the judge, and not the
prisoner, is on trial-that trap is
being set for him, an examination
in which, if he passes perfectly on a
thousand and one questions, but
slip up on only one, often imma.
terial to the guilt or innocence OF
the accused has scored and new
trial is assured.
when the evidence is all in, and
the counsel ON each side have
finished their orations, the judge
may deliver his charge to the jury,
taking care that he shall not by deed
word, or even tone give the jury any
idea of his opinion in the case
either against or in favor of the
prisoner.
But, to return to trials in gene
raj. If, when the judge is ready tC
deliver his charge to the jury, all
the twelve men are sufficiently TO
bust to have escaped incapacity dur
ing the long-drawn-out proceedings,
the trial continues. If one of these
men, however, falls i'll at any time,
it must be started all over again,
for we must have twelve men.
We will suppose case in which
all the jurors are robust men, and
that they find a verdict of guilty
The verdict must be unanimous. In
another part of this article, the
prisoners chances in the unanimity
requirement are discussed.
After the trial has gone this far
! if the trial Judge decides that tn,
accused has been convicted against
the law, or against the evidence, h,
has the right to set the verdict aside
and grant a new trial.
IF the case is important, and {
new trial has not been granted by
the trial Judge, the chances arr
about even that some of the excep
tions taken to in the judges ruling
by 'shrewd' counsel will secure ON,
by means equivalent to some of tn,
ridiculous examples already cited
THE prisoner is also favored b,
the absence on the part of the Stat'
Of the right To appeal. This give
the accused "A much greater advan
tage than at first appears; for judge
are only human, and, in case o
doubt or any ruling, it is natura
that the inclination would be t,
make it against the prosecuting at
torney--knowing that, if givel
against the accused, the Judge stand
chance of being reversed, wherea
the prosecuting attorney must TAX
Continued on Page 2.