The Hawaiian gazette., 1914-10-13

had 40 until sntdIiHR On TIC ISSUE De
fore You as his argument did--and
DO not think IL would have been much
longer. (Laughtet.) But he did say
some things that are outside of the
ease--matters that, where they have no
bearing at all, should not be considered
by you, but rccessitate somewhat of a
reply from me. IIc said, among other
things you all heard him say that /
lad stated here that we were getting
along very well without Mr.. McCarn,
that we did not want him here, and
that he ,aight as well 20 back.
Now, don't think anyone of yon
gentlemen over hoard me say that. j
have no recollection at any time Of
saying that, or anything that could be
construed that way. Throughout this
trial, and on all occasions, ] have en-
deavored to treat Mr.. McCarn with the
utmost courtesy, and in every respect
to give him all that was his due aud
more THAN WAS his due.
Not a Malihini's Mission
"It is true he occupies here an OK.
allied position. He is United States
district attorney for the Territory OF
Hawaii-7and that fact alone, il there
were nothing else, would lead me to
treat him with courtesy and deceney;
and certainly have no reason for say
ing | have no use for him here or that
we have no use for him here. It
might have come to any mind, but /
did not express it--that, so far rs the
morality of this town is concerned, it
probably Is as good as the place that
he comes from, or as good as any place
within the borders Of tho mainland OF
the United States. ..'r
SIT might have come into my mind,
though I5aiagiot say it, that we wanted
no one from the mainland TO come
down here to clean ~ the town, that
we wanted no one to como
down here TO show us our line of duty
mo ono to tell as what we should do,
no one to como down here and brand
the town as filed with criminals, with
vice. with prostitutes, with liquor.sellcrs,
with all kinds of criminals and all
kinds Of lawlessness, It might have
come into mymind, but | did not say 1t.
Penalty Up to Court
g imprisonment WE have nothing
to do with the punishment. 1t Is not for
us to say whether il will lie imprison-
nent or not; but, if the jury in their
wisdom bring in verdict of guilty
against tho defendant here-guilty as
charged in the indictment, imprlson.
ment does not necessarily follow. If
Mr.. MagoOn had told you all about the
punishment he would :iave told you
then it could be EITHER Imprisonment
or fine and that the Imprisonment can
be for ANY period of time from an
hour to two years, and the fine can
lie in any amount from one cent TO
thousand dollars. We can leave it to
the court just what punishment win be
imposed, .h2& 't-~ .F L
-, ''It is not for you to let man 60
free, if you believe him guilty, because
imprisonment may follow or because a
fine may follow, anc it not for you TO
let man go free, if you believe him
guilty, because yon think he has been
punished enough. He has sat in court
Tor eighteen days, believe, in this.
trial. That he has endured consider
able agouics Of mind | do not doubt.
Guilty Must Suffer
. " If you believe him guilty you should
bnd HIM guilty, Notwithstanding the
fact that he may have suffered. All MEN
VINO do wrong suffer, aud, alasl il Isl
not alone the man who does wrong who
suffers, hut those who are innocent
must suffer, tool But we can not hest,
tate nor stop on that proposition.
If the law is there, and we find
the law is there, there is but one thing
for MS to do, and that is to do our
duty; and If our feelings of sympathy,
If the fact that n man who did wrong
suffered, and that his family suffered,
was TO stand in the way Of just pun
isbmont-neyer, never in the wide
world would anybody be convicted in
this Territory or anywhere; that Is, ]
say, there isn't a man who docs wrong
but does not suffer suffer in many
eases remorsc, suffer always through
fear of punishment
THE Consequences, be what they
may, must fall upon those who are
guilty of the offense.
Moans Gun-Flay City
off you find McCarn not guilty you
say to every man here, we throw now
the Territory wide open for all gum
play that you wantl A mans life is
not safe in this community at the hands
OF everyone who considers that his
pride or honor has boon outraged or
abused You lcaYe In every mans
hand the ful6llment Of the law, and the
law itself, and the tribunals Of this
Territory, and tho command of God
Almighty, You take and You trample
nnder yonr feet and .yon drag them
IN the mire.
!" " Gentlemen OF the jury, at your
hands we ask the verdict Of guilty as
charged, " ,. .Htn