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THE MAUI NEWS-
SATURDAY JUNE 18, 1910
(Continued from I'nge l)
Clure's Magazine ' by Hcnonihle
Chas. B. Brewer, LL.B., entitled,
"Some Follies, in Our Criminal Pro
ceed u re."
Many things therein complained
of are found in Hawaii, and the re
forme suggested arc needed here. A
study of that article by us wiJh pa
triotism will effect much for the up
lifting of our jury system, and help
to free it from unwarranted abuses
To this end there in a work for us
all, a work for the legislature,.
for the executive, for the supreme
court, for the trial courts, a work
for the memliers of the bar, and a
work for the electors who are sub
ject to this service.
This question of getting rid of
abuses affecting trial by jury Is U
irig discussed by our best ami most
eminent men in the United States
and the consensus of opinion is that
there is demand for a change that
will place the jury1 on a higher
plane, surround it with more honor
and dignity and clothe it with free
dom and power or rather recognize
in this respect its actual legal posi
tion and inspire for it the respect
which for our own good it slurtild
command. " ,
. All this need is also being general
ly recognized, here in, Hawaii, as
may lie seen in the opinions and de
cisions of the Supreme Court and in
the published pap er read before
the Social Science Association by
Chief Justice Hartwell.
We may feel a great degree of
confidence that others will do their
duty in this respect and .may now
ask ourselves what we can do and
should do "to abate the abuse of the
It is a work that in some respects
must liegun in our'-Circuit Courts.
' In some respects those courts must
take the initiative. But the estab
lishing of the right road must be by
'oiur Supreme 'Coourt, whose opinions
and decisions regarding acts of trial
judges will le as lighthouses along
the coasts of our sea of judicature.
The trial judge 'can show his res
pect for the jury system by his
treatment of those drawn for ' jury
duty; he can set .apart forflieir use
the best seats hi the court room and
and segregate them from those not
in position of such honor and duty,
lie can, to some extent, effectually
. ... a . .
induce onicers 01 the court, mem
liers of the Iwr and others to treat
jurors with great respect. He' can
prevent their being ordered about
and treated as prisoners and he can
hear fheir excuses patiently and
give them polite and careful consi
deration and in many other ways
inspire in their .'minds greater res
pect for their services and for the
office by himself feeling and allow
ing them great respect and consider
tion. x The members of the bar can
aid in this work even more than can
judges. There is reason for full con
fidence that the bar will do this
1 he most learned and eminent in
the profession lest appreciate both
the great glory of the jury system
and the present need of freeing it
from the burden of abuse that is
pressing it below the surface of the
enlightened judicial plane Until its
necessity and power for god are
out on the common held of vnion
Some attorneys would do well to
change their manner towards and
their treatment of juryman when
examining them on their voir dire
la this connection please consider
that all I say with regard to attor
neys is concerning the subject gene
rally and as the practice is through
out the United States.as well as in
Hawaii and that 1 have no special
reference to attorneys of this juris
diction or to any attorney of any
For example, when examining on
their voir dire for the attorney for
the defendant to ask over again the
same questions asked ami answered
ou the examination by the proseeu
tion is bad for many reasons; it
takes up valuable time; it seems to
doubt w hat the juryman has already
. stated, or to show in-attention t
his sworn statements. Then to ex
amine each juror for a long turn
after he has shown he is not dis
Qualified bv any knowledge or by
any prejudice or bias and to exam
ina him in a way that g eenis to say
to the juryman "You arc trying to
deceive me" or "You are too igno
rant to understand the simple terms
like 'Bias,' 'prejudice,' 'duty' and
other such terms" is hardly polite
or fair treatment for an intelligent
man who is forced into the place,
who is honest and who is upon his'
oath. And then after such long,
tedious and sispieious-appearing ex
amination, wasting much time and
exhausting the patience .of court and
jury and after having shown uo res
pect for the feelings or standing of a
juryman in every way the equal of
the attorney and of the judge to
peremptorily challenge him in such
a way as to show all present that
the attorney's object was hot to get
able, intelligent, honest men on the
jury but to endeavor te get men of a
different class, if possible, is as poor
policy as it is inijKditc. What can
an attorney -gain by challenging
those jurymen that he apparently
thinks are the best educated, most
intelligent and most upright of the
men summoned? Certainly it is no
compliment from such attorney to
be allowed to remain in the jury
Some attorneys may also show
more respect for the juryman by not
so plainly showing that they think
that they can fool the jury. Attor
neys may reasonably infer that our
intelligent electors liable to jury duty
have read the case of Bardell vs.
Pickwick and are on the lookout for
nascent Buzz fuzzes and so may
wisely leave out "the chops and to
mato sauce'' 'and "the warning pan."
In short both honesty and wisdom
recommend to attorneys the treat-
ng of. our jurymen as its intelligent
and equal in education on general
subjects to themselves.'
.- Our jury conimissianers ii Maui,
lave beep, and Ave hope always will
be, so careful in selecting from the
great laxly of our electors such men
for the jury list that our juries are
an encouragement to those endeavor
ing to place trial by jury on the
high' plane it should occupy both in
actual practice and' in the estima
tion of the people. And this re
mark applies especially to the men
on the present jury list of this juris
diction; We can rejoice iu having
heard attorneys lament over the
act that our jurymen are not easily
Again it seems to me that both
judges and members of the bar too
often act as if our juries were com
posed of dull, dishonest or foolish
men when we so often excludet hem
from the court room simply because
some law point regarding the admis
sibility evidenpe is to be discussed
and decided. Docs this not, in ef
fect, Bay to the jury that if the matter-
is not admissible as evidence and
not received that yet they are so
weak or dull or dishonest as to con
sider it and receive as evidence
what they have overheard and be
affected by it in rendering their ver
dict? This sending out of the jury
whenever some little question rela
ting to admissibility of evidence is
to be discussed is a be-littling of the
Too much importance, is given to
the charging of juries. We ask
and we give too "many charges and
often seem to treat the matter as if
the jury knew but little and would
be too much affected by an erroneous
charge or tx surely lost by not be
mg charged. Again sometimes attor
neys who are defeated are so affect
ed that they openly complain of
and condemn the jury, charge it
with ignorance or with dishonesty.
There is no form of contempt of
court more to lie frowned down up
on than that shown by the com
plaints made against a jury by a
defeated attorney lecause he is de
feated. It is as wicked as it is mean
The jurymen are forced to act as
judges of the facts and generally
unwillingly; they are obliged to
judge and to 1 condemned for
their action on account of disap
poinlnients is a very mean contempt
of court. It is different regarding
the actions of the judge. From his
acts ami decisions they may appea
and Ids acts are within the sphere
of criticism. But the jury, as t
facts, are supreme; the law has
made them so and the same law has
forced them to act. Every member
of our most honorable profession
should show disapproval of sue!
course on the part of a defeated at
torney and not countenance him in
Maui Racing Association
TwentyFourth Annual Meeting
At Spreckels' Park, Kahului
Monday, July 4, 1910
RUNNING HACK. 'z mile dash, Japanese owned..
RUNNING RACE. H mile dash, free for all. ..... .
TROTTIXt! AND PACING. Best 3 in-5, mile heats
for Hawaiian bred horses
RUNNING RACE. 1'4 mile dash, free for all. .". ..
RUNNING U ACE. K mile dash, Hawaiian bred..
RUNNING RACK. 4 mile .dash, free for all . . .
MULE RACE." Vi mile dash, free for all. Post entries
TROTTING AND PACING. Best 3 in r, mile heat's
for nanied horses; Waldo J., Harry Hearst", Cyclone,
Denney Hcaly, and Reveta
RUNNING. RACE; .1 mile dash, Hawaiian bred . : . :
RUNNING RACE. mile dash, free for all......
PONY RACE. .' 'i mile dash, 14.2 hands or under,
. for Mailt Bred Maidens only V ...... . . . .
RIJNX IXG RACE. . 4; mile dash, Hawaiian bred . .
RUXXiNGiRACE.. ?4 mile dash, Japanese owned . .
COWBOY RELAY RACE. V2 mile dash, .instruc
tions to Ijc given by Judges. Post entries
RUNNING RACE. 1" mile dash, Japanese owned . .
All races shall be run or trotted under the rules of the National
Trotting Association and the Pacific Jockey Club.
Aliove program subject to change, and re-arrangement;by the
Executive Committee. s ; '
Entries close June 24th, 1910 at 5 p. m. . . ' '
Entrance fee to be 10 per "cent, off pulse. - v-' ' -
Races commences 9 a. m. sharp.
Bids for light refreshment privilege close June 24, 1910, 5 p. m.
In everv nice three or more to enter and two or more to start.
. "' ' p J. GARCIA, Secretary.
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blaming or in being disrepectful of
the' action of the jury. : ' "
We can as a rule confidently ex
pect the memliers of the bar to do
their full part to eliminate abuses
clinging to trial by jury. Surely
there can be no success along these
lines unless the lawyers as a rule
join in the work. Their assistance
will be most efficient as their educa
tion and experience best qualify
them for the work, and their honor
is by the very nature of the .work
appealed to ; an appeal that is never
made without effect to the great
body of the American Bar. . Our
electors must also do their share.
In, with, and, by tlieru must be es
tablished correct public opinion on
the Bubject which no law will be
come an efficient rule of action in
our free and independent self-government.
Electors must honor the ofiiee
and the service and must see
and feel its power and its im
portance. When summoned as
jurors, they must look iipou it as an
honor and be reminded of. the fact
that they are called upon to exer
cise one or the coordinate branches
of supreme rule by the people.
They should not seek to be excus
ed except for tht gravest of reasons.
They should attend on the court
with a knowledge of the inportanct;
of their judicial office-' and should' as
much as convenient segregate them
selves from the common crowd
about the court,, They should Jet
it be seen by their conduct and bear
ing that they are the jury and are to
While acting in any case they
should m even more careful with
whom they associate and should mix
as little as may be with outsiders
Magnify the office and service of
jurors and teach others to do so. If
treated by an attorney, judge or olli-j
cer or if dull intellect then open
their eyes by your keen insight and
correct judgment. It them not
subceed by trickery, by befogging
you, or by tactics of what "i's styled
"a smart attorney." Force all to
address you on a high plane intel
lectually and morally. Should an
attorney seem to endeavor to get off
from the jury the men inhisopinion
are of most ability, highest educa
tion, greatest experrence 1 id of, un
doubted high moral character, then
consider they have doue you no
compliment by . letting you remain
on the jury and look to it that they
do not win a bad cause by intended
sharp practice followed by success
fully befogging the jury.
Ixxk deeply into every act and
attempt of parties and their attor-
rieysand judge of their cause and
character in part at least by their
apparent candor, fairness and hon
, No great lawyer will try todecievc
or fool the jurymen great lawyers
are good men without an exception.
. No Class of men aid so much to
establish' the right, redress the
wrong; sustain the righteous law as
tlo the lawyers of every civilized
land. , Give to the good lawyer your
attention and expect not to lie mis
lead by him and remember he can
aid you much by placing before you
the evidence in such way that you
can, come to.a right conclusion as to
ihe.great fact in Issue. .You cannot
too much respect the able, honest,
fairminded lawyer or too' much des
pise th tricky petti-fogger. Your
attitude towards these classes res
pectively should be such that all
will learn to treat properly the jury
that has commanded the respect due
the office you are now about to en
The jury is not wholly sacrificial
there are great compensations. You
will have the happy complacency
that follows patriotic right-doing.
There rings in our ears the words of
Mr. raft, saying:
"I grieve for my country to say that
administration of criminal law is a
disgrace to bur civiltzation."
Your knowledge thatthere in Maui
a better condition exist and a still
better condition is coming, and be
ing brought about by your service,
is a great matter for satisfaction to
you, increase your self-rcsjiect am
your respect for the jury system,
commands the respect of others for
juries and for trial by jury. Con
vince yourselves and others that you
are praise-worthy and teaches the
real position, power and duties of
electors when summoned as jurors
You are teachers and you are als
yourselves pupils in the high school
of this land whereas jurors you an
learning of the highest principles o
justice, of the established rules of
law, of the necessary forms of legal
proceedure and of the way rights
and duties are corollatcd.
There are always compensations
for us whenever we deny ounelves
to servo our country. Such service
every good citizen is resdy to make ;
Ihj it either to enlist in the army U
carry a gun or to enlist in the cause
of the administration of justice.
Self-government means readiness
to serve in either of these capacities
When such readiness leaves our peo
ple, then self-government ends.
But character, the devotion to
civic duty and the high standing of
vhe jurors of this jurisdiction is a
sure promise that licnevolent self
government will endure and that
trial by jury wtll continue to be its
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