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The Honolulu republican. (Honolulu, T.H.) 1900-1902, August 07, 1900, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn85047165/1900-08-07/ed-1/seq-1/

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HONOLULU'S
- st
FIRST GRIND
IMPANELED
Charged to Investigate Matters That Have to
Do With the Good Name and Well
Being of the City.
lies'"
"I charge you, gentleman of the grand jury, to fully investigate
the conditions under which Japanese houses of prostitution are
maintained in the district of hvilei, and I charge you further to inquire
as to whether or not any police officers are paid their salaries
or are receiving any compensation of any sort from inmates of those
houses or from the landlords of the buildings which they occupy.
"It has come to the information of this court, and I charge
you to make diligent inquiry into the fact, that police officers in
Honolulu are in the habit of making raids upon Chinese gambling
houses, of seizing the money which may be in sight under the pretense
of using it as evidence against those arrested, but in fact appropriating
such money to their own use.
'It has come to the information of this court, and I charge
you to make diligent inquiry.inio the fact, that at the hotels and resorts
on the beach at "NVaikiki, liquor is sold on Sundays in open
violation of the law.
"If you find during the course of your investigations that any
retail liquor dealer within the jurisdiction of this court has in his
employ in and about his barroom any minor, then that would be a
condition proper for you to comment upon, and to direct public attention
thereto, if you so desire.
"I desire to say to you, gentlemen of the grand jury, that if
this community is ever afflicted with the conditions described in the
phrase we so often hear nowadays, 'a wide open town,' the grand
juries of this island will be largely if not wholly to blame.
"I charge you to make full inquiry as to the condition of the
Insane Asylum. Inquire as to the number of inmates,
how many persons are received per month or quarter, how many are
discharged, the nature of the food they receive, and inquire particularly
as to the medical attention "the medical superintendent bestows
upon them, how many times he visits the asylum during the
day or week, whether or not he sees the insane himself, or goes in
one door and out the other, merely inquiring of some lay person
how the patients are getting along."
The above are some of the leading
matters that the first grand jury ever
impaneled on the Island of Oahu were
charged with Investigating by Judge
Humphreys of the Circuit Court yesterday
morning.
Owing to the fact that a grand jury
was to be impaneled, and the first
grand jury at that, court was held in.
tua Supreme Court room instead of in
the room ordinarily used by Judge
Humphreys.
The scene was one long to be remembered,
and one that marks an
epoch in the history of Hawaii. It
witnessed the inauguration of the old
English custom of having people
charged with crime brought face T.o
face with the grand jury which is to
investigate their case and say whether
or not a presentment is to be found
under which they will face a jury of
their peers for trial.
It marked the death of the old system,
so long in vogue in Hawaii, of the
Attorney General making a presentment
to the court as an indictment
under which an accused must stand
trial. It marked the inauguration of
the peoples sharing in the execution
of justice and taking their due part in
the execution of the laws and the ferreting
out of abuses.
Judge Humphreys, dressed in a
breasted frock coat, cool, dignified
and manly, came into court promptly
on the stroke of ten, acompanied by
the youthful looking Judge Silliman.
Inside the bar was seated almost every
attorney of the city, while the rear
of the court room was crowded to the
doors with people who had assembled
to witness th imposing ceremony. The
court bailiff was so embarrassed when
the judges entered the court, and all
arose until court should be declared
open, that he forgot to open the court
until directed to do so by the Judge.
After his "hear ye" High Sheriff
Brown in a much beribboned and be-braided
uniform, bearing more braid
and lace than the vain Lieutenant General
of the United States Army wears
on his much bedecked blouse, stepped
to the side of the clerk's desk and called
the roll of the men summoned to
appear as grand jurors. Joseph P.
Cooke, the sixth man called, failed to
respond, and following the completion
of the roll call the clerk was ordered
to issue a bench warrant for Mr.
Cooke, n,i ,n a tew minutes ne eras
brought in. Asked as to why he bad
not been on time, his excuse was that
. . .It J - 1 I. -s. lntti ThfS?
ne uiu not jhiu it " wi&
not being considered a good
ficlent excuse by the court, Mr.
was fined $25 for his delinquency.
UJLU X
.,. fr .
W fcx '
ASSOOV
ft THE HONOLULU REPUBLICAN.
PBICE FIVE CENTS
T AUGUST 7, 1900.
VQLOFF. I, XO. 47 HONOLULU, B. TUESDAY,
HDEPEHDBKE WIS
PROMISED HH Sit.
.rebuigrew TVTakPS PuT).. ,
lie a Filipino I i
Letter.
GIVES AN ALLEGED INTERVIEW.
. j
PURPORTED TO HAVE
ttat) WITH ADXIBAL
DEWEY.
The Latter Denounces the Letter
of Falsehoods
as a Tifisue
Prom Beginning
to End.
SIOUX FALLS (S. D.). July 24. A
letter has been received by Senator
It F. Pettigrew from one of the leading
commanders of the Filipino army,
giving addlllonal light on the claims of
the Filipino people as to the understanding
that was arrived at between
them and the Americans before ihe
opening of hostilities in the Philippines.
The letter says in part:
"Sinukwan Encampment (Philippine
Islands), April 12, 1900. Hon. It.
"Ppttierpu and G. F. Hoar. Senators,
"Washington Gentlemen: I have read
in some American papers that Admiral
Dewey, compelled by you and other
Senators, lovers of truth and justice.
to answer whether he had made to us
formal promises of independence, stated
that he had 'never promised independence
to the Filipinos.' I, who. in
the name of the Filipino people and nf
General Aguinaldo, and as a representative
of both, have had the honor
to confer several times with the Admiral,
make to you the following statements,
that you may use them as you
should think convenient:
"In April, 1S9S, when the rupture of
hostilities between Spain and the United
States became imminent, and in tne
absence of my chief. General Aguinaldo,
who was then at Singapore, I solicited
through the American Consul
at Hongkong, -Mr. Wildmnn, to have
some interviews with Admiral Dewev,
with the object of continuing the interrupted
negotiations between General
Aguinaldo and Admiral Dewey through
Mr. Wood, the commander of the American
gunboat Petrel. My petition was
favorably received and I went with
Andrew S. Garchitorena, another Filipino,
on board the Olympia in the bay
of Hongkong. Once on board, the following
Interview, in French, took place
through the flag lieutenant, Mr.
acting as interpreter:
"Filipino Admiral, it having come
to our knowledge that a war between
your country and Spain is imminent,
we. who have fought the latter for our
independence, are willing, in obedience
to tho desires manifested by you to
General Aguinaldo. through Mr. Wool,
to take part In the war as allies of
America, so long as it be carried on
with the object of freeing from ih
yoke of Spain her colonies, giving thrn
their Independence.
"Admiral Dewey The American people,
champions of liberty, will undertake
this war with the humanitarian
Abject of freeing from the Spanish yckp
Uie peoples under it. and will give
you "Independence and freedom, as v
have proclaimed to the world at lare.
"Filipino We are very grateful tor
this generous manifestation of the
great American people, and being nuvlo
through an admiral of their navy, we
value It more than a written contract,
and thereupon place ourselves at your
entire disposal.
"Admiral Dewey I place at your
disposal the ships of my fleet for he
conveyance of both the Filipino leaders
and the arms you may get. Moreover.
I think my government is willing to
supply you with arms and ammunition
"Filipino Wo are very thankful to
you for this new generosity of the
people, and you may bo sure
tint we are ready to fight at your sid
for the independence of the Philippines
even without arms, as wo have done
daring Uie recent revolution.
"Admiral Dewey America is rich in
overy respect; she has territoris
sparsely inhabited. Besides, our constitution
prevents 'territorial expansion"
outside of America, therefore the
Filipinos may be sure of their independence,
and not a bit of their land
shall be taken from them.
"After these conclusive and formal
statements the conversation turned f'
other details concerning the state of
the country."
The letter is signed "J.
He is the Filipino general who
recently surrendered to the American
forces,
o
IT IS FALSE.
That Was Dewey'a Statement When
Shown thi Letter.
WASHINGTON, July 25. The letter
received by Senator Pettigrew from one
of Agulnaldo's generals. J.
containing an alleged account of an
interview between himself and Admiral
Dewey on board the Olympia in
April. 1S9S, in which It is stated that
Admiral Dewey promised
to the Filipinos, was shown to the Admiral
today. The Admiral characterized
It as a "tissue of falsehoods." lie
declared it absurd on its face.
"I not only had no power to promise
independence to the Filipinos,"
said he. "but the whole tenor of the
-words put in niy mouth stamps them
as false. I am made to say things
which I never thought of and which I
could never have uttered. You will notice
that I am addressed In the alleged
Interview as 'Admiral. when at tha
time I was a 'Commodore. "
The Admiral said he had never heard
of Alejandrino. Several Filipinos, after
much importuning, came aboard
I the Olympia at Hongkong, rhey wer t
J anxious to be taken to Manila. "1 I
' considered their representations of lit- J
t tie Importance." said the Admiral. J
i "and did not take them to Manila. Lat- j
er I gave permission to Aguinaldo and
' about a dozen others to come io Us-'
nfJn All that thv wpre anxious about
at that tine was an end of the tyran
nJ. of Spain againsl which tneT na,
XL 1 f a J -, im
ueen -anti mc unuuiuv.'
of Montejo's fleet the city virtuallv
surrendered, and I am satisned tnat u
we had had 5,000 troops there at that
time we could have gone ashore and
been received by the Filipinos as
They had absolutely no
thought then of independence. That
was an after tnougnt or tnoir leaders
ing of the Spanish fleet and the arrival
of the United States troops."
Speaking of the report that Cuba was
to be evacuated by the American troops
after the holding of the constitutional
convention. Admiral Dewey said he did
not see how the United States could
turn over the island to the Cubans until
a stable government had been established.
"We are responsible to the world for
the orderly conduct of affairs in Cuba,"
said he, "and until such government
is established I cannot see how
we can withdraw. We are confronted
with a similar situation in the
The world looks to us, and ao
matter which party wins in November
the United States cannot relinquish
the islands until a responsible and
government is set up there."
j.
BISHOP ESTATE PROPERTY.
Trustees Pile Their Annual'Report
in Circuit Court.
The trustees of the estate of the late
Mrs. B. P. Bishop filed their annual import
with the clerk of the Circuit Court
yesterday. The report shows the total
receipts from all sources, including
cash on hand July 1, 1S99, were
and the expenditures were
leaving a cash balance of $4,-053.95.
The principal outlays during the
year were $S,145.G5 for improvements
to the girls' department in the
Schools, 510.419.5C for a new
dormitory and ?1,947.0S for bath rooms
in the boys' department. In addition
to this, four pieces of property and one
lease were also secured. The property
consisted of about 1 16-100 acres in
Kapalama from S. K. for 54,700;
land in Kanewai from A. S. Cleghorn
for 51,000; land in Queen street from
Kapiolani Estate for $4,000; land from
Fritz J. Wilhelm in Queen street for
$4,000, and a paid-up lease of 3
acres in the crown lands at Kakaako
for $9,000. Property amounting to
was sold, most of which was to the
Oahu Railway and Land Company tor
rights of way and stations, etc., at
Waialua and Ewa.
The death of Charles M.
Hyde, one of the trustees, is mentioned
in the report, with a tribute to
the memory of the deceased, who has
been succeeded by Alfred A". Carter.
The Kamehameha schools are reported
as being In excellent condition, sixty-five
scholarships having been granted
last year in the Manual school. Extensive
improvements to the grounds
have beeen made and engineers ire
preparing estimates on the cost of reclaiming
large areas of marsh lands
along Ala Moana, in Kalia and
FIRST INDIGTHEKT RETURNED.
GRA3TD JURY SETTLED DOWN TO
WORK QUICK.
True BUI Returned Atrainst Charles
Downing- for Slurder in "
Second Degree.
The first true bill returned by a
grand jury in Hononlulu was brought
yesterday afternoon after a brief
of the new judicial body which
was charged by Judge Humphreys in
the morning.
Charles Downing, charged with murder
in the second degree, is the first
man to be indicted by a grand jury in
this city. He is now in prison and will
have to answer before the trial jury
in the Circuit Court.
The grand jury lost no time in
work after heariug Judge Humphreys'
charge. The jurors were lock-
oi? iin nil nffprnnon in a room In the
Judiciary building, where they questioned
a number of witnesses in the
Downing case. It was the first time
tViic Amprintn method of inauisition
had been employed in Hawaii, and ths
novel proceedings aroused much interest-
Deputy Attorney General Cath-cart
was on hand to advise Mie jurors
when called upon, and Deputy Sheriff
Chillingworth also waited outside to b
ready if needed.
About five o'clock the grand jury adjourned,
after having found its first
true bill, it is stated, charging Charles
Downing with the murder of George
Poai. The alleged crime was committed
on March 11th and was one of a
series of shooting and cutting affrays
that came together and startled th
city on March 10-11. The shooting of
Toyo Jackson was one of them.
Downing, In addition to killing Poai,
seriously wounded two other natives.
Aalona Kamae and Eleakala, both of
whom, with Poai, were taken to the
hospital. The affray in which they
were concerned was a most bloody one-Downing
spent the night of March 10
at their place drinking swipes, and
early on Sunday morning he became
involved in a fight with the men in the
Ifcnce. having, It is alleged, become so
boisterous that they wanted to turn
him out. He drew a knife and In a few
moments the natives were prostrate on
the "floor.
Downing ran away, pursued by other
natives, and when help arrived he
stood at bay, knife in hand, holding
back a crowd who wanted vengeance.
In the house where the fight had occurred
three wounded natives lay helpless
in pools of blood. Paoi died at the
hospital.
Downing was tried in the Circuit
Court for murder and the jury BUM
SriaTerdTuryYn'dlSSS
3CH MAR
jury system as the Constitution of the
I'nltPrf States Drovides "tnat no person
shall be held to answer for a capital
or otherwise infamous crime unless on
presentment or indictment of a grand
jury, except in cases arising in the
land or naval forces or in the militia
when in actual service in time of war
or public danger," it Is not within the
power of a Territory to abridge the
right of any person charged with an
infamous crime, and not within the
nnmd in the Constitution, to
demand his indictment by a grand jury j
legally consumed before Being put
upon his trial for such crime-That
this limitation on our power
does exist may be regarded as a happy
condition, for it is at once a menace
Ti. tho cifotv of a pnmmnnnltv and ihe
liberties of the people when the power
of finding indictments is vested in one
man no matter how creat his learning
or how incorruptible his integrity may
be. By the institution of the grand
jury two great ends, the one of liberty,
the other of the administration of justice,
have been united. That is to say,
direct participation by the people in
determining whether the citizen snail
be charged with crime, and the preventing
of that determination from
resting entirely In the hands of the executive
or of a separate and closed
caste.
Juries a Safeguard.
Lord Erskine in his celebrated speech
in the trial of the Dean of St. Asaph,
said:
"No evidence is to be found of the
least relinquishment or abridgement
of popular judicature in cases of
crimes; on the contrary, every page of
our history is filled with the struggles
of our ancestors for its preservation.
The law of property changes with new
objects, and becomes intricate as it extends
its dominion, but crimes must
ever be of the same easy investigation;
they consist wholly or almost wholly
In intention, and the more they are
multiplied by the policy of those who
govern the more absolutely the public
freedom depends upon the people's
preserving the entire administration of
criminal justice to themselves. In a
question of property between two
individuals the crown, or the gov
ernment as it is called here, can have
no possible interest in preferring one
to the other; but it may have an interest
in crushing both of them together,
in defiance of every principle
of humanity and justice, if they should
put themselves forward in a contention
for public liberty against a government
seeking to emancipate itself from th3
dominion of the laws. No man in the
least acquainted with the history ot
nations or of his own country can refuse
to acknowledge, that if the administration
of criminal justice were left
in the hands of the government, no
greater freedom could possibly exist
than the government might choose to
tolerate from the convenience or policy
of the day. This important truth is no
discovery or assertion of mine, out
it is to be found in every book of the
law; whether we go up to the most
ancient authorities, or appeal- to the
writings of men of our own times, we
meet with it alike in the most emphatic
language.
They Form a Barrier.
""Mr. Justice Blackstone, by no means
biased towards
ment, having in the third volumoof his
Commentaries explained the excellence
of the trial by jury in civil cases, expresses
himself thus: 'But it holds
much stronger in criminal cases, since,
in times of difficulty and danger, more
is to be apprehended from the violence
and partiality of judges appointed by
the crown, in suits between the King
and the subject, than in the disputes
between one individual and another to
settle the boundaries of private property.
Our law has, therefore, wisely
placed this strong and two-fold barrier
of a presentment by a grand jury anu
trial bv petit jury between the liberties
of the' people and the prerogatives of
the crown. Without this barrier justices
of oyer and terminer, named by
the crown, might, as in France and n
Turkey, imprison, dispatch or exile any
man that was obnoxious to the government
by an instant declaration that
such was their will and pleasure. So
that the liberties of England cannot
but subsist so long as this palladium
remains sacred and inviolate not only
rmm nil nnpn nttneks. which none will
be so hardy as to make, but also from
all secret machinations wnicn maj sai
and undermine" it.
"If a man were to commit a capital
offense In the face of all of the judges
of England, aye. in the face of the Lord
Chancellor, their united authority
could not put him upon his trial. They
could file no complaint against him
even upon the records of the supreme
criminal court, but could only commit
htm for safe custody, which is equally
competent to every common justice of
the peace. The grand jury alone could
arraign him, and, in their discretion,
might likewise finally discharge him
by throwing out the bill, with th3
names of all the judges as witnesses on
the back of it,"
Citizen's Highest Duty.
From whatever point of view we may
examine this peculiar institution as 't
has developed itself with the Anglican
race (and it may be viewed in a great
manv. all eauallv important), it will
appear that the citizen cannot act in
l .
!., ann imDortant ca
j pacity than as a grand juror. Society
j cannot but live In a state; tne nign
j acts tj,rough IawSj and 'ey are the
great organs of human society. With-
out them men cannot live in society cr
i fulfill that for which they were created;
. ... .. - Tr.a t,it.
I mately arrives for which the law was
made, when it is to be applied to
- rt.Sf.Hl
neonle to say.
t In English laws the juries are called
the "country." There is a deep
ing In this expression as It has growji
and come to be understood through the
course of centuries, for the jury truly
represents the country, and this is as
fter the box had been filled the f highlv improbable, although in one or
iurors were aked if anv of their two States of the Union. I believe, the
. ' . , . system no longer exists. But whatever
i
ber had excuses to present as to why several States
they should not serve on the jury. E.
I plains of W. G. Irwin Co. said
J
URY
HUM
BY J UDGE IS.
H
that owing to Mr. Irwin's absence from
the city great responsibility fell upon
him, and he felt that the business of
the firm would suffer if he served on
the jury. The court held that it was
not only the privilege but the duty of
men to serve upon the grand jury; that
they owed something to the state, the
rich for the protection thrown around
their property as well as their liberies
and the poor to see that their rigliu
and privileges were not infringed upon.
Mr. Spaulding was not excused, and
all others having no better excuse to
present were advised not to present it,
as it would not be considered.
George R. Carter said that he had
been appointed one of the judges of the
tax appeal court since being summoned
as a grand juror, and this court would
meet next Wednesday and continue
from day to day for some time. He
could not well perform the duties of
both offices. This was recognized and
the court excused Mr. Carter, A. F.
Cooke being called in his stead.
The jury was then sworn, the following
named composing Oahu's first
grand jury:
H. E. Waity, W. H. Hoogs,
E. A. Mclnerney, John Effinger,
Joseph P. Cooke, James L. McLean,
J. S. Walker, L. C. Abies,
C. A. Graham, E. I. Spaulding,
F. M. Lewis, T. W. Hobron,
W. G. Ashley, Edwin. Benner,
Mark P. Robinson. C. H. Atherton,
Samuel Lowden. Chas. Hustace, Jr.,
Wm. O. Atwater, A. F. Cooke.
H. E. Waity was appointed foreman
of the grand jury. All answered that
they could speak, read and write the
English language Intelligently and that
they were eligible to perform impartially
the duties of grand jurors.
There was a hush of expectancy as
Judge Humphreys began to read his
instructions to the jury, as all felt that
he would call attention to some of the
alleged violations of the law which are
common talk on the street Judge
Humphrey's positiveness of character,
his frankness of expression, is so well
known that It was certain he would
not use gloves in speaking of these
matters, though it is doubtful if any
one in the court room was prepared for
the strong instructions he gave con-
cerning certain abuses which are given
. in brief above. ; 5 '.
The Charge to the Jury.
Gentlemen of the Jury: To you is
, accorded the honorable distinction of
'being selected to serve on the first
,. , ,t.j .-
j on j The institution of the
grand jury (undoubtedly of English
. ..1 to nf rM, fl Tl t f fill 1 fT flTltl 1Q
i tn thmnhnnt th United States
J j Jn exercise of their sovereignty as
to continuing or abolishing the erand
IN THE COURTS
- - -"- jiJlS - "& JJ- --.-K
OF HAWAII. ;
true of the grand jury as it is of the
petit jury. The law Is but the
nf th nnblie will, and the grand
. .- ..x-. s.. lffaT!rlnsr .
jury reprcstai awtes? " i
whether In a given case the facts war-
rant the application of the law so as to j
charge one with crime. Lit me impress
upon you then that you represent the
country and not the government- You
are to judge the facts according to
rules and laws indeed, but also with
the feelings of living men. and not
merelv as if vou represented the ab-
. T ...- : t. . fn KnriV? i
MlaCL un : 4W ? "n
It may be justly said that though for i
a brief time, yet for this brief tini.
you represent as fully and entirely Human
society formed Into a state with
all of Its great objects as any other
person or body of men, even that of a
monarch not excepted.
Represents the Governed.
De Tocqueville. who was a profound
commentator on democracy. In his
Democracy in America, says:
"The institution of the jury may be
aristocratic or democratic according to
the class of society from which the
jurors are selected, but it always preserves
Its republican character in a?
much as it places the real direction
of society in the hands of the governed,
or of a portion of the governed. Instead
of leaving It under the authority
of the government. Force is never
more than a transient element of success,
and after force comes the notion
of right. A government which
should only be able to crush its
upon a field of battle would verv
v.a iiDcimvnf Thp true sanction
of political laws Is to be found in penal i
loMcinttnn nncl if that sanction be
wanting, the law will sooner or later
lose Its cogency. He who punishes infractions
of the law is therefore the
real master of society. Now the institution
of the jury raises the people
Itself to the bench of judicial authority.
The institution of the jury consequently
Invests the people with the direction
of society."
This statement applies with peculiar
force to you, gentlemen of the grand
jury, for, without action on your part
thero would be no occasion for the
nottt tiirv to exercise its functions
in thp more serious class ot criminal
cases, so that with you the protection, i
safety, peace and ot socieij
may be said to largely rest
You are therefore to serve upon this
grand jury with the deepest Impression
of the grave responsibility which the
oath you have just taken Imposes upon
you. You sit there for the community,
for your country; the laws must be applied
through you: they must accuse or
exempt from accusation through you.
What Grand Jury May Do.
The matters in regard to which It
will be your duty to make inquiry are
ait.h ne mav ho within the knowledge
of any of you; such as may be givn ,
to you In charge by this court; such as
may be submitted to you by the Attorney
General, and finally such as may
be brought to your attention by private
parties. But you are not limited
in your inquiries to crimes which are
alleged to have been actually committed.
You may comment, in your final
report to this court, and indeed it is
your duty If necessity therefor exists,
to comment upon the manage
ment of public institutions, ami any
wl.lHtlnn which vou mav deem uetri
rmental ttbQ miMr0od. Judge Wll
son. one of tne ntemuers oi mo con
vention which framed the Constitution
of the United States, and at one time
himself an associate justice of the Supreme
Court of the United States, says:
"The grand jury are a great channel
of communication between those who
make and administer the laws, and
those for whom the laws are made and
administered. All the operations of
government and of its minister and
officers are within the compass of their
view and research. They may suggest
public improvements, and the modes of
removing public inconveniences. They
may expose to public inspection or
public punishment public bad men and
public bad measures."
The Attorney General will examine
all witnesses who may be summoned
to testify before you, but it is your
right also to interrogate such witnesses
and it is a right which no consideration
of delicacy should deter you from exercising
when you believe the facts
may be more fully elicited by your do
ing so. In such a case it is sometnmg
more than a right which you may
waive at your pleasure. It is an absolute
duty, and a duty which you should
not shirk.
2ttU9t Exclude All Porsons.
You will exclude all persons, including
the Attorney General or such other
nerson as mar for the time being rep
resent the Territory, from your pre- j
ence while you are deliberating and 1 doubtful if the people wilt rare fo
voting In respect to anv matter which j make a political change which might
mav have been brought before you. It , change this condition of things,
is the duty of the Attorney General to There Is. it Is true .bitter. opposition
advise vou as to the law applicable to to the expansion poliicy.
particular state of facts. Jt Is cot I lion comes largely from the East la
... . . - 1 the West thai are pretty nearly solid!
Mc rfiitv however, and it would oe
highly improper for him, to argue the
facts in any case before you, and In no
event should he be requested or permitted
to express his opinion or belief
as to the guilt or Innocence of any person
accused of crime.
Mr Rishon. one of our most
1 Unguished writers on criminal Jum-
, prudence, says:
A prosecuting oiucei uc5i
in expressing the opinion, however
he may entertain It that one whom he
Is pursuing 13 guilty. Such opinion Is
not legal evidence, and under no circumstances
and at no step of the proceedings
ceedlngs is he entitled 10 inrust it
into the case either by direct words
, hr tmnif.Hnn u u th nnthnr'a
cherished hope that he may liTe to
see the day when no judge sitting
hich doIIcv to take
place In his presence as Is involved In
such practice."
The ARfOrney General nnder our
statute as well as under the common
law of England, possesses the power
(Contiuned on Page 6.)
RE1L ISSUE OF THE
mm cn.
rrQQ JJarlV tO Tell JUSfc
What it Will
Be.
DEMOCRATS CRYING IMPERIALISM.
pjtoBABLE TEAT THE CH22TESS
UU.ST1U WXiiij vuu
A FACTOR.
XcKinley Has Given a Splendid.
Account of Himself in
the Past Three
Tears.
WASHINGTON. D. C July 21. Na
man can tell what the real, live Jse
of the forthcoming Presidential campaign
Is going to be. The Republican
leaders say that it will be the silTer
issue. This Issue, it will bo remembered,
was not made very prominent !b
the Democratic platform. The Democrats
say that the real Issue will be the
question of Imperialism. They wmt
that made the issue, i ne uepuourans
do not want that to be the issue, and
tnere vou are
Rn v shnll drift alone and well into
August It will be discovered that he
people of the country are thinking
about one thing. Mar be that
one thing will be silver, niayb ft w12
be expansion. Again, it is just possible
that an entirely new issue will o-aw
up, and all other matters will be
dropped for this new one.
The people, for Instance, without
knowing why. are kicking somewhat
because the administration has
no definite thing toward getting United
States Minister Conger out of Peking
alive. They believe that thwe s
an Instance In which the United Stat
Army ought to be employed with r n
and without regard to the expense tx
consequences of the undertaking. But
the people are apt to Jump at ronrr
nlons. and they sometimes change
minds when they come to know all of
the facts In the case, which same Uy?r
do not come anywhere near knowins;
in this case, for the Chinese question.
Is so big and complicated that seithpr
Secretary of State Hay nor Lord Sails-bury
nor anybody else knows all of V&
ramifications. It is possible tlut
should the United States go tearing
ina at this time she would iinf
herself fact to face with Russia, ant
the Russian bear Is not a pleasant chap
to me
Rut thf. rnmnriicn itself is Xf.lnz IS
be lively, and there .vill ! two Jlcs
to it. A while ago, bfor Urytn was
nominated, nobody could see inotf
than one side to the contest Brym
has with him today all of the m '-tented
forces of the United States H
has tho solid following of th si'i
of everv brand. The laboring
are with bira to a r?tr '
than they were in ISS8. Th so'.d D
have qnletly slipped back ln?j
ramp In quite large nun. - .
Mr. Bryan is not to b tan: !
time, any more than h ii lr. l,
and all the world know- t .: c -the
Republican bad frigix
On the other hand, the Republ. a at
are mighty well organised, and V . i
is less dlssaffectlon in their ranks tr ta
there was four years ago. Pr. --at
McKinley has given a pretty g h ac
count of himself: he has maprwd it
and accomplished things, and the
people like that In no Statf a
the Union is there a good, old-fashioned
row among the Republicans They
are lined up in solid column and
waiting for the attack. With both
parties united there ought to be t
good fight 1
When one comes to the
of the probable result it Is
plain that the
are going to pull through. They have
with them all of the sound money
forces of tho Republican party an
whether sound money is the rally ;
cry or not. it will be a great f.ir"r b
the struggle. They have with ' in
prosperity. The United State i ' "5
more business today than ever
upon the eve of a campaign V xii
done more buainese during Uv
three years than it ever did in any
three years of its blatonr Tur
mills are pretty nearly all busy although
there Is a little alackning o
the Iron trade, and some of these mUtt
are closed or running upon abort time.
The country is exporting goods as fast
as It can get ships to carry them. It Is
in tavor ot expansion, provioea it is
not carried too far. For instance, nobody
finds fault now with the admission
of Hawaii and Porto Rico, but
they ?hy somewhat at the Philippine
Islands. There is a fear, and It has
grown somewhat during the Chinese
trouble, that the entrance of the Unite!
States Into the affairs of the Far East
may lead to trouble. That is a feeling
that will have to be reckoned with is.
the canvass. It is likely enough that
it will be met by the President. sooer
or later, in a declaration of his exact
Intentions regarding the Philippine
Islands, and abo with a declarative
regarding his intentions in China.
The Republican correspondent is toll
that th Democrats are workins im n
attempt to stir up labor strikes In the
est during the month ot August,
,y neip io x-
recent
nited Sta's:
is founded upon a solid basis. If they
carry out this attempt and
with it, they will get badly burned ty
their own fire. No political party trer
succeeded by tearing down. The only
way to succeed in the United States la
by building up.
E.S.T.

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