The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-10-19
Bio End Or Little End?

nUBLIC attention has been so directed upon
II the administration Of the law. in Hawaii
through recent happenings in the driminali court
and the sense of justice has Peep so stirred in the
public mind that the apparent Inequalities which
have marked some court decisions OF the past
should be less evident in the future.
There has been too much misplaced sympathy,
both in the courts and in the exercise by the
executives of the pardoning power, with the con-
sequence that the worst feature about ma or crimi-
naiity now consists in the disgrace of being caught
The courts are by, means wholly, nor even
for the greater part, to blame. The conscience OF
almost the entire community has been deadened,
and the sentimentaists and the hair-spinners have
had too full sway. Prosecutions have become
trials of verbal and technical skill in hair-splitting
and the contests have descended to the absurd
absurdities repeated frequently and with so
solemn setting that they have been accepted
by the public. SO fine spun have things been de-
veloped that ordinary commonsense appears vul-
gar and blunt justice rather shocking. The debate
of the big enders and the ttle-enders is resumed
almost daily
Our grand juries have been affected and indulge
in quasi legal arguments without consideration of
the elements of the cases before them. Our trial
juries frequently abandon commonsense and rem
der verdictS as their sentiment, their politics or
their like or dislike Of opposing counsel dictate.
One result Of this has been an amazing growth
of perjury in the courts and before commissions
authorized to examine witnesses under oath. SO
completely has the Contest" feature Of the aver
age trial become the main issue that there has
been the greatest tolerance towards lying wit
nesses and it is not going too far to declare that
with many in the community the more apt the
perjurer the greater the admiration for him. With
about everything taken into account before a court
Of law but the essential facts surrounding the case
at issue it is not unnatural that the witnesses
should look upon the matter mere battle of
wits to see who shall win the game, rather than
as a trial to determine the innocence or the guilt
of some particular person for some particular
crime, and they testify accordingly.
1t is about time that the cobwebs of precedent
based upon the technical be cleared away and the
courts of law return to first principles. When
that happens we will not be obliged to forger
turned loose on the community because, in the
opinion of the Governor, embezzler has been
nadequately punished When common, sense is
rated at least on equality with legal technical
ity we will not have acknowledged criminals
brought from the ends Of the earth and given a
return passage at public expense because someone
has forgotten to dot an a" We will have fewer
| red handed murderers declared mot guilty" be-
cause they are able to present an array of weep
ing relatives to play on the jurors heart strings
and there will be less plain per ury and violation
| Of judicial oaths. We will have prOmpter justice
and fewer crimes.