Newspaper Page Text
What is Best for Maui
is Best for the News
If you wish Prosperity
Advertise in the News
WAILUKU, MAUI, H. T., SATURDAY. JUNE 11, 1910
MJL U 1
COURTS OF LAW
-AND JURY TRIAL
Some of the Technical Follies Pointed Out by
' Court opens in Lahaina on the
"fifteenth, for which (Into hoth Grand
and Petit 'Juries arc summoned.
The lists contain names of our most
prominent citizens. With such men
fi)r Jurors our County will help to
' 'inspire confidence in trial by jury,
and it is possible to expect justice,
as between private parties,, and to
feel some assurance that crime will
be discouraged by the punishment
of the guilty.
Too often criminal trials are far
cial and the guilty escape punish
ment. In MeClure's Magazine, April
number, Iloir. Charles B. Brewer
. considers some "Follies of our Cri
minal Procedure.'' We quote:
"Eminent jurists and publicists
have laid the blame on the loose aiW
ministration of criminal law. While
Secretary of War Mr. Taft, in an
address to the students of Yale Uni
versity, had this to say on the sub
ject of criminal law administration:
'I. grieve for my country to say, that
the administration of criminal law
is a disgrace to our civilization.
"A large part of the prevalent
criticism of courts, howuver, should
be directed at the laws by which the
courts must be guided the anti--quated
tools and machinery with
which we compel' them to work,
oftentimes worse than antiquated,
r in that numerous legislative bodies
have patched, repaired, and added
to them from time to time, instead
of replacing or revoking them. For
all laws, both good and poor, are
like Government employees, of
whom some one has remarked,
'Few die and none resign.' Ilonco
'we are cursed with an accumulation
. of job lots.
"These antiquated tools and ma
' ehinery, these countlass 'right's and
r guaranties' referred to in one of the
decisions quoted later, the tricks of
'shrewd' counsel and the other
'. means at the criminal's command,
. place his interests first, and place in
' the background the safety of the
uencral public for whom the laws
"The bulkwark of protection
thrown around the criminal vk our
presant system, with a view to pre
venting the possible punishment of
the innocent, has made it well-nigh
impossible to convict the. guilty, if
-we can place any credence in the
rHtatistics cited later. This is par
ticularly true if one accused of crime
is a man 'high up,' who has a long
' purse at his eomjnand and is able
to employ that class of 'shrewd'
counsel familiar with.all the avenues
of escape whiell an antiquated, ina-
dequato law leaves open for the
prisoner, and ever ready to take ad
vantage of those more numerous
avenues of escape which may be
, broken open by that veritable ram
known as 'technicality. ' So much
, protection has leen thrown around
one accused of crima that those
lawyers who make a living by show
ing men how to break the law can
verily grant a license to those who
wish to break it."
"After arrest, one who is accused
of crime generally faces the magis
trate for what is tunned a prelimi
nary hearing. The magistrate is
the first link in the long chain of
discretionary iower. He can dis
charge the accused if he sees fit, or
can hold himjor a further hearing.
rt For those held by him ho prepares a
'transcript' for the use of the Dls-
' trict Attorney in presenting the
ease 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 a '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, or
the judge can dismiss it on his own
"Probably one-lifth 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 a part of the proceedings
the selection of a jury may be made,
anil what a chance is here given for
the beginning of what is too often a
rnisearriage of justice.
iri.... it... r :
iVIlLM llll SUll'CWUU Ol il Jinj if
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'
admissa'ile- evidence, whether it
shall be heard when offered, later
on, or at all. It has often been re
marked that during this stage of the
proceedings the judge, and not the
prisoner, is on trial that a 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 innocenco of
the accused has 'scored' and a new
trial is assured. '
"When the evidence is all in, and
the counsel on each side have
finished their orations, ho judge
may deliver his charge to the jury,
takingeare 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
"But, to return to trials in gene
ral. If, when the judge is ready to
deliver his charge 'to the jury, all
the twelve men are sufficiently ro
bust to have escaped incapacity dur
ing the long-drawn-out proceedings,
the trial continues. If one of these
men, however, falls ill at any time,
it must be started. all over again,
for we must have twelve men.
"Wo will suppose a 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
prisoner's chances in the unanimity
requirement are discussed.
"After the trial has" gone this far,
if the trial judge decides that the
accused has been convicted against
the law, or against the evidence, he
has the right to set the verdict aside
and grant a new trial.
"If the case is important, and a
new trial has not been granted by
the trial judge, the chances are
about even that some of the excep
tions taken to in the judge's rulings
by 'shrewd' counsel will secure one
by means equivalent to some of the
ridiculous examples already cited.
"The prisoner is also favored by
the absence on tho part of the State
of tho right to appeal. This gives
the accused a much greater ndvan
tago than at first appears; forjudges
are only human, and, in case of
doubt or any ruling, it is natural
that the inclination would be to
Inake it against tho prosecuting at
torneyknowing that, if given
against tho accused, tho judgo stands
a chance of being reversed, whereas
tho prosecuting attorney must take
Contiuuetl ou rage a.
A Brilliant SuccessHundreds
Assemble at the Old School
The seventy-ninth eoinmer.ee
mcut of the I.ahainahimi School
was held Thursday morning of
this week, beginning at 9:30
o'clock. As the graduating class
led by the many guests of honor
filed into tho spacious auditorium,
three hundred people were gather
ed awaiting their arrival.
The opening number was a
rouser the singing of the stirring
Lahainaluna song by the entire
school, as only the Lahniiialuna
boys ean sing it. The instrumental
music of the Mandolin Club, and
the singing, of the GJuo ,Club were
all well rendered, and added much'
to the enjoyment of the occasion
There were thirteen boys in the
Graduating Class the same lucky
number as graduates from Muuna-
olu Seminary this year. This, is
the largest class Lahainaluna has
graduated in recent years. Every
one of the orations showed hard
work and persevering effort. The
variety and timoliness of the sub
jects chosen wei;e unique. The
doctrine of good health and how to
secure, it was preached in more
than one oration.
The address of tho morning was
delivered by E. B. Turner, who
spoke upon the subject of "Oppor
tunity." His first word of advico
was that the young men should
get ready for their opportunities
by faithful and devoted service;
then they would be ready to seize
their opportunities when they
Ho spoke of the particular op
portunity that confronts the Ha
waiian voters today in the greatest
moral crisis, that has ever faced
the Islands. He referred to the
Temperance fight, and showed the
weakness and the selfishness of all
arguments which are being urged
by tho liquor people. Ho advised
the boys to go1 home and work for
Prohibition and showed them how
they could have a veto on the 2(5th
day of July, by influencing their
fathers and brothers to stand firm
for home, prosperity and happi
The luau which followed the
commencement exercises, was en
joyed by Bevcral Hundred parents,
friends und visitors. The Lahaina
luna School is in a flourishing con
dition, and is a great eredit to the
County of Maui and tho Territory
of Hawaii. Too icuch credit can
not bn given to tho devoted and
intelligent leadership of Mr. and
Mrs. C. A. McDonald. Of the
teachers, both Messrs Roberts and
Wilson will return for next year.
Hana News Items.
Deputy County Attorney Vincent
went over to Hana last Saturday
to prosecute- Miss Victoria Chong,
Miss Agnes Neo-e, Mrs. Ah Oe, Ah
Sam and Ah You accused of steal
ing eight bags of taro valued $16
from an abandoned homestead lot
at Wailuanui, Koolau.
W. P. llaia Esq. appeared for
the defendants and put up a de
fence as Miss Victoia Chong had
applied for the abandoned homo
stead lot she was therefore entitled
to what grew on the lot. After a
vigorous fight the court found de
dqfehdants guilty and fined each
$25. An appeal was noted.
Prohibitionists workers are, a
round and have gotten very near
ly all of the voters in the district
on their lists, they aro assuring
voters prohibition does not mean
no drinks, but only an expression
PayersProtest Against Meters
and New Water Rates.
About ten water rate payers met
in Judge Kepoikai's office Tuesday
afternoon, and appointed a commit
tee consisting of J. M. Vivas, Jas.
X. K. Keola and Judgo Kepoikai to
call a public meeting at the Town
Hall, Wednesday evening, to con
sider tho new water regulations re
cently promulgated by the County
board of supervisors.
Wednesday evening by actual
count H'twcen seventy .and eighty
water rate payers assembled at the
Town Hall, and proceeded with the
business in hand after electing Judge
W. A. iMelvay, Chairman; and J.N.
K. Keola, Secretary for the meeting.
Mr. Keola stated the object of the
meeting was to formulate a protest
against the resolution adopted by
the Supervisors requiring water
users to install wnter meters on their
premises at their own expense, and
tho proposed increased charges of
seven antr one-half cents a thousand
gallons for water consumed in lieu
of the fiat rates now in force.
A resolution prepared by the com
mitteo protesting against proposed
changes were presented and read.
Senator "W. T. Jfobinson moved
its adoption with an amendment by
Mr. J. M. Vivas for the appoint
ment of a committee of thrtfo with
Mr. E. II. Uailcy chairman, to
present said protest to tho Board of
Supervisors. Motion was put and
carried, and Messrs. E. H. Bailey,'
W.'T. Robinson and J. W. Kalua
were appointed a committee to pre
sent the matter to the Board of
On motion by J. Gar,eia it was
voted that it be the sense -of the
meeting that the county pay for
placing meters in any event.
On motion by Mr. Keola - it was
voted to urge that residents of Wai
luku have water in" as large quan
tities as before at,the same old rates.
To test public sentiment a' rising
vote was called for and a unanimous
vote for its adoption was tho result.
, The committee was instructed to
report Friday evening and the meet
ing then adjourned.
Among the leading people pre
sent were C. D. Lufkin, II. B. Pen
hallow, J. Garcia, J. W. Kalua L.
M. Baldwin, Rev. Father Maximin.
E. II. Bailey, W. B. Konnu, A.
Borba, and nearly all of the big
water rate payers of Wailuku.
The motion to request a . restora
tion of the old water ratu was re
ceived with cheers and other demon
strations of approval.
The resolution as adopted is as
Whereas the Honorable Board of
Supervisors of the County of Maui
have adopted a resolution, known
as 'Resolution N6. 1018, concerning
and relating to the supply of waters
to the inhabitants of tho towns, of
Wailuku and Kahului, and,
Whereas, the said resolution is in
our opinion unjust and oppressive
in terms, and,
Whereas tho subject matter is vet
within tho power of the Board to
modify, to change or amend,
Now Therefore, Be it Resolved,
that it isunfair and unjust to compel
the purchasers of water from tho
County and to pay for an(l install
at their expense, "water meters."
That said meters are merely for the
purpose of enabling the said county
to measure and properly charge for
water. That nowhere on the face of
tho earth does cither si inihlic nr
I private corporation supplying to the
OPPOSE WATER METERS
I Roosevelt Returning Home
ers to Abandon
181'ECIAL TO THE MAUI M!vs.
Sugar 4.25 Beef 14s 7d.
.HONOLULU, June 10. Merchants Association voted H4 to
against bavins the intorstatn
lslandtralho. They also voted to stand pat on tho Mahuka site question.
John Aki, a workman for Hopp it Co., killed his wife on thoBtreet
yesterday and then suicided. Sie was to have been granted a divorcn
from him during the da,,
Vasilicf, the Rusisan agita
a nil ordered to bo deported.
Food Commissioner Duncan, who was suddenly stricken with
nervous prostration a few days ago, is dead.
Dr. Ramus of tho Federal Marine Hospital service may appeal to
Washington against the decision of Mareton Campbell to attach a
water meter to the hospital and quarantine grounds.
Yesterday a committee of the Merchants' Association suggested
that the plantations abandon thy store business and confine them
selves to sugar.
WASHINGTON, June 10. At a meeting of the American Feder
ation of Labor yesterday President Gompcrs charged the Hawaiian
Sugar Planters with bringing Russians into the country and making
virtual slaves.of them. He said they should be deported at the
expense of the planters.
President Taft refused to receive Representative Harrison yester
day when the latter called. Harrison had criticised Taft in the Bal
NEW YORK, June 10. Hammorstein has been refused permis
sion to visit Russia. The refusal was bas'ed on a belief that he is a
BUDAPEST, June 10. A biplane operated by a German, practi-'
sing for the big raco plunged into the grand stand and seriously in
jured three people. ; '
MILWAUKEE, June 10. Republicans in convention here today
strongly endorsed the administration of President Taft. w
WASHINGTOM, June JO. The Senate has adopted the report,of
the Committee on tho Rivers and Harbors bill. ' t
Tho Mexican Minister has notified the state department that his
government has agreed to the terms of arbitration proposed by the
unueu mates ior settlement of the Uhemizal zone controversy.
The Mayor of Cordova, Alaska, wires for money to pay for trans
porting 200 laborers to Seattle or California. The men are stranded
and wants the government to help them get out of the Territory.
By a majority of 94 votes the House pa3Eed the postal savings
bank bill, and tho bill will now go to the Conference committee.
NAPLES, June 1Q. The American reported killed at Vesuvius
died of heart failure and not from earthquake shock.
HONOLULU, Juno ".--Surveyor Wall has been called in consul
tation as to way and means of saving Waikiki beach from erosion, as
the beach is gradually wearing away.
Tho Merchants' Association and tho Chamber of Commerce have
a cold spell relative to tho Mahuka site. The Chamber of Commerce
has been cabling to Kuhio without informing the association.
TOKIO, June 1). Announcement is made of a complete 'under
standing between Russia and Japan regarding affairs in the- far, East.
The two countries are in perfect accord.
HONOLULU, June 8. Kuhio writes bo will endeavor to sec ur
another appropriation for the Federal Building site.
i ho Lourt has ordered re-sale of South Kona lands sold under
foreclosure of mortgage to Muhlendorf, as the deficiency bntween the
price and value is too great.
HONOLULU, Juno 8 McClellan writes that th MnhnL-n c;trnr
the proposed Federal Building i? not large enough and an additional
appropriation will have to bo secured from Congress to purchase (Fort
Strett property with, in order to get a situ that will bo a credit to tho
government. It is believed to bo a scheme to frighten neonle into
acquiescing to have tho building at the civic center site.
A rumor is in circulation amomr H.imi!!mN to ii,u nff,. 4i..'
C7 . .......... w vv VIIUl
dropping the use of liquor has impaired the health of Prince Cupid;
ir. i . u. liucas, recently manager ot llenry May tV Co., died in
San Francisco yesterday.
inhabitant of a city charge tho citi
zens thereof with the expense of,
their own measure or measures.
Bo it further resolved, that the
water system of Wailuku and sup
ply thereof belongs to the public,
and that water ought to be supplied
to the public at the cheapest rate
possible, compatible with tho main
tenance of the plant and the opera
tion thereof. That taking into con
sideration all legitimate expenses in
cident thereto, that the rate fixed by
the board, to wit: 7 cents per
1,000 gallons is far in excess of a
proper and needful charge. That the
rebate provided, is uncertain and
will lcad to much confusion and dis
- Merchants Want Plant-
WHS dccliireil to lo nn nnnrnliiat
crimination and probable litigation,
and will require adjudication to es
tablish what is meant by "proved
water right" and esneciallv the riL'ht
of the gouuty lo fix rate or charged
for tlio lien if rttwt'u
w w wiv a umii jJlllJMJI If "
Be it further resolved, haC;ai
committee of three be nnrwinteU'hvf
the chairman of this meetinir to nro-
sent tins preamble and resolution to
the Board of Supervisors and uso
every effort in that behalf to sccuro
such needful and necessary , amend
ment to said resolution adopted by
them as will protect our people from :
being burdened with unnessary Hv
ing expenses which aro "now quito
a l '