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DAILY BULLETIN! HONOLULU, It. L, MARCH I, 1880.
Pledctd to neither Sett nor Party,
But established for the benefit of all.
SA'tVKDAY, MAR. 1, 1880.
yd uninterrupted might still be.
pointed lo with pride nnd traveled
over with pleasure either during or
after the recent scries of rainstorms.
llecniiHU the money expended with
micli temporary results uaseufllcient
to have procmed lasting street im
pro etnent .
AH ESSAY OH JURIES.
THOROUGH VS. SUPERFICIAL.
"The ronils of tin country will
probably grow better mid moie
numerous by the process ol gradual
development which governs all other
human affairs." With those words'
the Advertiser closes an argument
in behalf of the Government's pol
icy of superficial expenditure of the
road funds over the greatest possible
area. We dissent emphatically
from the doctrine. linacta do not
grow like trees; they have lo lie
built. Where it has become neces
sary in the gradual development of
a country lo open up communica
tion with new settlements, then it is
all right, if funds are insulllcient for
permanent road construction, to do
the best that can be. afforded so as
to make passable thoroughfares.
The trouble in some such cases,
however, W that it is not the best
that can be afforded that is done.
From want of practical knowledge
(in the part of the builders a great
deal of money i9 squandered on
cheap roads. That is, the funds
arc applied so unskilfully as lo se
cure far less durable results than
could be obtained by skilful ex
penditure. Once opened the new loads rc-
fcired to ought to be simply kept in
tolerable repair from the effects of
tralllc and the elements. 'J here
uu.jht to be no more building
throughout in a superficial manner.
Rebuilding should aw ail a condition
of public finances that will warrant
a permanent job. By permanent is
here meant such work as will stand
t he maximum excesses of weather and
any amount of tralllc for an indefin
ite period, only requiring to have
slight attention from time to time as
ft'iws are detected or developed.
Then is one street in Honolulu
which might fairly be put in the
class of permanent roads described.
It is Richards street and it was con
structed belorc the superficial policy
lauded by the Advertiser was in
augurated. When the street-making in Hono
lulu of the closing financial period
is investigated, the most unbiased
judgment will be that the results arc
far below what the means should
have secured. Inadequacy of funds
cannot be pleaded as an excuse lor
what has proved, aud is going to
prove more and more under further
lest, to lie lamentably unsubstantial
construction. It was not from want
of funds thai thousands of dollars
were thrown awav in an abortive
effort to reduce the grade ot King
street at Leleo from which the
visible results are damage to piivate
property, a road that forms a dam
to flood the neighborhood the first
prolonged freshet, and a frightful
bog at the lower end of the stretch.
Neither was it due to scant appro
priations that the rudimentary prin
ciples of macadamizing were violat
ed where the grade of King street
was raised elsewheie. It seems im
possible to beat into the heads of
our road maker1- that a load bed for
macadam coveiing cannot lie con
Htiucted of bouldeis, without en
suring the early collapse of the
crust and the irremediable ruin of
the whole structuie. Again, there
are miles of streets where the extent
of repairs on the supeificial plan has
been enormous indeed, on which
the steam roller seemed to have the
right of way half the year but
which under the first stress of
weather have dissolved into running
niiro and resolved themselves into
- corrugated abominations. Jt would
be an insult to the public intelli
gence to suggest that tho deplorable
condition of a large pioportion of
the city streets is due to tho illiber
ality of the Legislature or poverty
of the country.
The fact is the superficial plan
should have been followed only in
the caso of such streets as could not
have been overtaken with permanent
woik. And while that proportion
of streets was thus being made toler
ably passable, there should have
been really permanent woilc pro
ceeding over as great an extent as
possible. Not only should the
roadway itself have been construct
ed on scientific principles, but
means have been provided for car
rying away water. Had the policy
hero recommended been carried out
wo believe that the streets pointed
to with pride while fine weather was
The leading of John Ritchie's
paper on "Trial by Xew-qupcr,"
reprinted in the Hutu is of Feb.
22, suggests the idea of attempting
a paper on "trial by jury."
Ritchie is not overburdened with
veneration for juries, judging fioin
his classification of the men com
posing them "level-heads, paiti
sans, mutton-heads, bigots, smart
Alecks, interested parties, pseudn-
omniscients, and fools," with only
two or three level-heads to the
This classification accords pretty
well with my own obseivations. I
should say, however, that the fools
outnumber all the other classes com
bined. No doubt, when jury trial was
first instituted it very well suited
the condition of things whose de
mand brought it into existence.
Judges invested with great powers
were notorious for prejudices against
certain classes of criminals and for
subserviency to the will of rulers.
The jury stepped in as the minister
of mercy, not the vindicator of
justice, to curb the severity of the
judge. It was just the thing needed.
Times have changed, and so have
the characters of judges, until it
has become a question whether trial
by jury in any free country in the
present age i tho best method of
securing a merciful administration
of justice whether n bench of throe
or more judges, whose training and
experience qu-dify them to weigh
evidence intelligently, is not more
apt to do what is right towards an
accused persuii, than a jury of
twelve men, of whom only a small
minority, atmo3t,is "level-headed."
I would prefer the judge eveiy
time: unless seeking to escape de
served punishment, in which case it
is usually easier to hoodwink a jury.
If juries were composed wholly,
or even mainly, of level-heads
common-sense men, capable of ana
lyzing aud judging rationally of the
ufeiits and demerits of the evidence
presented my aversion to them
would be much diminished. Or, if
juries, composed as they usually
are, invaiiably bestowed upon the
accused the benefit of all doubts,
leaning always, when unable for any
reason to maintain a precisely erect
posture, towaids the weak, I should
think better ot them. Rut juries
are often, perhaps mostly, not only
made up chiefly of men incompetent
for such duty, but sometimes allow
their doubts lo opcrale in favor of
the strong, while crushing tho weak
on evidence too slim for the convic
tion of an accused fellow being in
the judgment of a conscientiously
I have never understood how, in
this country, the jury list is made
up. Klsewherc an alphabetical list
is kept of all persons eligible to
serve, from which a sufficient num
ber is selected in alphabetical order
for each term of court. Thus, lor
one term the selections are made
from names beginning with A, the
next term from names beginning
with It, and so on until the alphabet
is exhausted. In case there is not
a sufficient number of names begin
ning with any one letter, then two
or more letters arc taken in regular
sequence. By this method oi selec
tion jury work is pretty evenly dis
tributed, aud does not fall with un
due weight upon particular persons.
Here, somehow or other, there is a
conspicuous lack ol distribution of
jury duty, some men not exempt by
law, and for whoso exemption there
is no good reason, escaping entirely,
while others are made to do duty
term alter term. Why is it thus?
In making up a jury of talesmen,
after the regular pane! was exhaust
ed by challenge or otherwise, the
practice of tho Hawaiian Court was
a little hingitlnr'on one occasion.
Instead of selecting frm bystand
ers, tho officer went around town
and subpienacd, at their regular
avocations, men for jury duty who
were known to be unfavorable to
the party on trial. 1 am not aware
that this was ever done more than
once, and once is certainly quite
Some men esteem it a great thing
lo bo jurymen. To be 1'iiine Minis
ter of the German Umpire is not
half so desirable. The responsibil
ity involved where a man's liberty
or life is at stake causes them no
trouble. In fact, this is nothing to
them, but to be of the jury is some
thing. How they quibble and pre
varicate In tho empaneling process
to avoid being told that they tuny
retire. They are unbiased, have
formed no opinion on the case, etc.
Ordinarily, when I hear a man
protesting that lie had formed no
opinion in u eaie that has previously
attracted public attention and has
been chronicled in public prints, 1
mentally decide that that man h
either a fool or is unfortunately
destitute of a proper regard for tho
truth. Any man not a fool who hears
and reads ol a robbery, a murder,
or any other clinic, and why u cer
tain per-on or ceitain persons are
suspected as the perpetrators, as
naturally as locks fall downward
form some s-ort of an opinion con
cerning the guilt or innocence of the
accused. lie cannot help it. His
intelligence compels the formation
of an opinion ; and if lie is honest
lie will not lie to conceal the fact.
I have known of men going on
juries and publicly declaring that
they had no opinion whatever, after
having privately asserted what their
verdict would be. They lied for
the opportunity of helping a fiieud
or injuring an enemy.
I am not objecting to a juryman
who has formed an opinion, but to his
lying about it. I consider that the
man who has evolved n logical con
clusion from the facts or alleged
facts, so far as known to him, is tho
most competent man to examine
evidence and thereon base a ra
tional verdict. His verdict is guided
by the testimony of credible wit
nesses produced in court, and not
by his previous opinion, if tho
testimony be in harmony with the
facts all oady known to him, it will
simply confirm the impression pie
viously aequiied ; but if the teli
mony be contradictory of the alleged
facts on which his opinion was
grounded, his verdict will not con
form to the previous opinion. To
exclude from juries men given to
tounding opinions of their own upon
current, information, is to exclude
the class best qualified for jury
Trial by jury is trial by twelve
men, of which the judge is not one,
he being simply the presiding officer
in the trial. Tho twelve men do the
"trying," and they arc bound by
a solemn oath to find a verdict ac
cording to the evidence adduced in
the case a'nd the law relating thereto.
The jury take the law from the
judge, but they arc not bound by
bin intorprola'.ion. The jury are the
judges both of the law and the
I am aware that the view ex
pressed in the last paragraph is
questioned, and that the practice of
our courts doe3 not tend to Mippoil
it ; and for these reasons purpose
discussing the piopositiou more
I'nless the jury are judges of the
law in its application to the case on
trial, as well as of the facts testified
lo by witnesses, tho trial i 011I3' half
by jury, and this is contrary to the
intent and the universal assumption
of tho intent of trial by jury. Ah
to practice, Ritchie says and no
doubt he knows what he is talking
About that in Illinois and other
States statutory provision settles the
point that the jury are judges both
of the law aud tacts. An eminent
Knglish authority, Mitford, says,
"The jury was instituted to exclude
die judge from all personal interest
or power in the adjudication of right
between parties at issue on points
of law. In mattei.s of equity the
judge has solo power, but where a
jury is empaneled they are tho sole
judges of all that comes before
them, bo it law or fact."
Acting accordingly, it is custom
ary in England tor a judge to hear
a case clean through before he niters
a word that may tend lo prejudice
either side. He hears the evidence
of witnesses and the arguments of
counsel; but, like the monkey, he
thinks n great deal and says noth
ing, until his 1 111 n comes to explain
to the jury his views of the matter
before the Court, which he then does
with a calm indifferencu to every
thing but the abstract propositions
of justice and the tenure of legal
principles. Ho puts the case in the
most strictly legal light belorc the
jury, pointing out the strength of
this evidence, tho fallacy of that, and
cudcavora to divest their minds of
piejudiccd ideas on either side. Hav
ing pci formed his part, ho remits the
conclusion to the jurymen, remind
ing them that tho fate of tho defend
ant rests entirely upon their un
biased and uninfluenced judgment,
guarded by the solemnity of tho oath
they have taken to allow nothing to
disturb their entire dependence upon
the evidence they have heard, to
give a true verdict both as regards
law and fact according to the best
of their ability.
The practice of our Couits is not
an invariable imitation of llio above.
Here the presiding Judge hai been
known to assume the position of ad
vocate, witness, aud iury, all In one,
any objection to that enlarged ap
plication of power rendering the
whole Court liable to be pitched out
of the window without notice. Our
judges have shown great zeal in pro
tecting their dignity against, news
papers, but I can't help nyiug that
some of them have sometimes sub
mitted lo greater indignities from
tho bar, besides voluntarily lower
ing their own dignity by their course
in court. Squabbles between the
bench and the bar arc not seemly.
A judge Indicating his opinion on
the whole caso before it is half heard
is not according to IMackstono. And
it is bewildering to spectators when
they cannot tell which is the advo
cate and which is the judge.
Rut I find that I have strayed away
from juries to judges, and hasten
back to the former to give my part
ing words, which are these: The
jury is supreme in a trial for which
it has been empaneled. Each and
all of it- meinbeis are placed in the
jury-box lo hoar evidence given by
the witnesses upon certain facts, and
upon their oath they promise to de
cide upon that evidence the right'
of tho plaintiff and defendant, it
is their duty to hear the witnesses'
evidence, the counsel's arguments,
the judge!, ruling, lo listen atten
tively to the investigation of evi
dence and the tenor of the law as
ojp xv row If OHMS
Is issuing u new form of insurance which provides, in the event of death, for a return of all premiums paid in ad
dition lo the amount of the policy, or, should the insured survive a given number of years, the Company will
return all the premiums paid with inteiest; or. instead of accepting the policy and profits in cash the leeal holder
may, WITIKILT MEDICAL EXAMINATION nntl WiTIIOLT 1TRTI1KR PAYMENT OF I'I'EMII'MK, take in
lieu thereof the amount of policy and profits in FILLY RAID HI insurance, paitielpating annually in dividends.
Remember, this contract is issued by the oldest Life Insurance Company in the United Slates, and the Lar
gust Financial Institution in the World, its assets exceeding One Hundred and Twenty-Six Millions of Dollaiu.
SisT 'or full particulars call on or addren
General Agent for the Hawaiian islands.
UUI 1 JUL
TO "DTLA. IN" CJ tSrJO&.T31Er
ALWAYS ON HANI) AND TO OKDEll
Fresh Cakes, Pies, Buns, Rusks, Doughnuts
Milk ill cad,
1'ionch Hi end,
Ruller Ci acker,
Minn Ml Sinn Bread, Junius, Giiipr Snaps, Cft Cakes, Etc., Etc.
&&- And will be DELIVERED FREE of CIIAliGE to any part of the city. j&S
Jirn.1 ol' JTAISIC:
Codec, Tea, Chocolate A Milk,
Sou.-cd Pig's Feel, Cold Nam,
Spiced Tongue, Spiced Href, Salads,
given by the judge to the jury, and
then to decide, as in the terms of
their oath, entirely in accordance
with their own honest convictions
finite irrespective ol all influences,
or directions, or opinions, they have
heard in Court from witness, coun
sel, or judge. The direction ol tho
evidence, and not the direction of
the judge, is what they are sworn to
Auction Sales by James F. Morgan.
FINE HAVANA, MANILLA AMERICAN CIGAR!
A much: ASSOStl'.MUXT or-
Pipe & Cigarette Tobacco, Pipes, Cigar & Cigarette Holders, Cold Drtnlcs, Etc.
gJST Open from 3:."0 a. m. until 'Jt'tO r. m. Satuidny night, open all night. Roll Telephone 2S2.
Mutual Telephone 211
Post Ollice Rox 178.
--y- tmiimifciwum "' '.-iiH".'i'iU'Wm
H Bi1 Elf q r
0 STUaSL! H C
Jf. T. 33A.XL.EJY.
TRUSTEE'S SALE OF
M O M A D E,
MS I III 1 EUiffilBi a iliHla
Bv o:Ut f A. .1. OARTWR'nUT,
Trustee ol il.c K-ta'enf I.ycliu K. l'l Uol,
I will bell nt I'u'il.c Auclion at my
H ilesioom, IJiicen str et,
On MONDAY, March ttrrt,
AT IS O'CLOCK XfM..
Solo Proprietors of BAILEY'S SARSAPAEILLA & IRON WATER,
Giiipr All. Hop Ale, Mill, Basiita Sarsaprilla, Mineral Waters, Etc.
t&- All communications and orders sliouUl be addressed to
BENSON, SMITH & CO.,
Situated on Knit Miet, opposite! llio
(Jliinvu t IiiirIi.
LOT NO. 1 -"Jin Cfi fuel frontline cm
Kort htieel and is 7.1 feet ik'cp, omi.
tabling an niea of 4,'Ml Eqimu
LOT NO. 3 UiiHfiS fed frnntnge ou
J'ort mi eel ud ovei .111 I eel ikip,
eoiitniiiiiij; 1111 niea of -l.cW!) Mpuue
There is a 10 foot lane between the
loU, tluit, j.;iltig dnulile liuulagu to the
Tlii'Mi are the moH dcslrablo building
bites offered for sale in llui city.
A plnu of tho bom cm bo t-ien nt my 1
g5" Sale Mihji-ct 1 conlliiiiitioa by
,1AS. i MOllCAN,
474 to 1 Auctioneer.
AUCTION SALE OF
On WEDNESDAY, March f
AT 10 O'CLOCK A. 31..
At the tesidnneoof Mus.COVlXf'TON',
Xo. Kill Xuuniui ncnue (at tear of
) 1 W1U sell at l'uldle
Household -:- Furniture
Upholstered Lounge & Chairs,
I'.liiuk Walnut ('. S. C hairs
Black Walnut Marbletop Table,
Curtaln-i & Cornice-.,
1 B, W. Marbletop Sideboard,
"VTOW that the riiny mmsoii is upon
xH ii.', evcr liody w.inu. 11 dour unit
tliilwil he 1U1 oiiiuiiieiit at the. trout
door, mid ill ilium iglily do ihu wciU
rtiitilii-il ot it The
Ihivimau Steci Wire Mat!
I lu'-' the thing. U enenot 1 cconic
soaked hy lain, ns is th c-ire wllh lllicr
mats and ii I'liuiy- keeps clean. Ueing
inadu ot Oalvani'-d W110
They Cannot Rust
As do n.aiiy of ilia wire ranlj now In
ii' e. TliejMiro 1 ir superior to nml fur
moie duinhle than flliui or tulilier. Can
Im hud of Sttel Wire nt
Hawaiian Hardware Co.,
Opposite Spieekels i; Co ' It ml;,
-12 if Fun bluet, Honolulu.
ItlfliMM-iiy mottle. .'. 77 J-oet frit root.
Frencli, Eilisl ail American Dry nl Fancy Goods,
CHILDREN'S CLOTHING, FURNISHING GOODS, ETC.
llavo just received hy last Australia a fine lino of
Cotton Challis at 15 cents per Yard I
Just tho material for Sptinp; and Summer Wear.
tock of Ladle
NEW. YORK LINE !
AN Al Ve.-Hd - 1 11 he ibspalehrd for
Honolulu to sail from New York
hi nil the month of April. Orders for
goniW to lie (-hipped hy this ve-el
should he forwarded ns early ns po-I-hle
to Insure shipment For further
patlh'ulais limiiiru of the A;;cut.
Honolulu. II. 1.
Or, W. II. CltOSPMAX & 1UK.,
77 it 70 Ittoad street,
IS.' i!m New York City.
IV 12 W RIBBONS!
Jl'.ST KECEIVKI) AT
Chas. J. FBSHELS,
Tho Leading Millinery House, Coiner Fort & Hotel sts.
CORNER HOTEL & FORT STREETS.
Ex "Zealand In."
, i. Alton c'osioNMr..s"r or
,JAS. P. MORGAN,
KH :it Auctioneer.
Ileal Estitto For Hale.
rpwo Hoiisi'H nnd Lots on
1. ltnliello l.nne, I'alania.
R3f!5?ii'w Convenient to blemii nnd tinin
emu. Veiy healthy locality. Lot ou
Kiwi sticet, near lliuiiauku's Ii-mu l-'or
puitleulnra apply to
JOHN P. nOWLKH.
OrClms.T. C-ulick. -twain
IN QUANTITIES TO SUIT, AT
UftlBOR! FEED CO.
Great Reduction Saie 9
Al'TKK TAKLNCi STOCK I HAVE HEM'OEI) MANY LINKS OF
IMMENSE BARGAINS ARE OFFERED
OF THE FOLLOWING GOODS
ITill Xi'ebriin.ry ltli, Only.
124 pair of Undressed Kid Gloves I
f and 8 Uuttons in jiorieet order nt .$ 1 a pair Great Dnrgains.
All my DltESS GINGHAMS nhout MO pieeen to polect fiom aio oflotcil al
Cost 1'rice. A innall lino of
Scotch Ginghams at a Great Reduction !
ItEAl) TIMS A largo aHsojtmont or HEAD THIS
WHITE XXRJEJSS GOODS,
Such ns I'iques, Embroidered Swisses, India Linen, Plain Swiss, Nninook ami
many other lines of Whito Goods. I will i-ell nt Mich a
pi ice that everybody will buy them.
gjS" licmeniber, February I.'itb will clone Ibis Sale. jgHf
I Feb 1-00
Corner Hotel & Fori Sreet.