Hawaii Holomua, Volume II, Number 47, 12 November 1894 — Judge Or Jury? [ARTICLE]

Judge Or Jury?

When the Hawaiian jnn was c«lled tbis moroiug it was seen that ninoof the jarors had been excQEed for further attendance aod oine other selected (frona Ewa). Tho reason for tbis step was that according to Judgo Cooper the nine dismisaed jorors had givco a verdict in a case tried before him contran* to tho opinions of tho judge and tbe prosecutiug of!icers. May we ask Judge Cooper wbat tbe _duties of a jury is ? Wonld the learnod gentleman be kind eotngh to go before an intelligent and nnbiased body of men and eiplain tbe reasonswhy the jury-systora ever was inaupnr<»tod and theoblig«tions imposed on thejorors through the laws of every coautr}’ whieh yet has adopted tbe system. We kuow uotbmg about tbe nicrits of tbe case in qucstiou. Wo dou’t care to know'.

Wo only know tbat a man accused of some oftense wasbrought according to the laws this conntiy before 12 peers and a sufiicient number of these 12 peors declared that they according to the evidenco produced found him cot guilty. Aud thcn the judge who abso - lutely had no kuleana in the matter got mad and |insu1ted the jury system aud the individnal jury by firing them out uuder the always po!ito terra of “excusing thom from further attendance.” Judge Cooper has got many good qualificatious. He is as a rule an indepoudent and impartial judge and he stands very litt1e fooling. In this instance though ho has certainly over reached himself. Ho is tho judge presiding, but he is certftinly not the jnrv, The jurors wore picked out by hiraandClerk Smith.

|No politics eome into tbo busincss bocanse only adborents of tbo govornmont ean sit as jurors. Wo aro constantly told by Judgo Coopor*s politically associ* atos tbat tbo uatives wbo bave takon tbe oatb to tbe republic aro tbe most intelligont 'aml the loading Hawaiiana. A portionof these mou sat on Mr. Cooper’s jury aml be now dares to elaim that tbeir verdict in tbat certain caso wa< a tlagrant miscarriage of justice. lfisbonorbas entered upon a careor whioh will and must end in an uprising* Nojndge in tbis country beretofore bas dared to impugn tbe motives of a jury or impeaeh tbeii verdicts. Tbe couutry looked witb borror and disgust at tbe verdict iu tbe Gibson, breacb of promise case but even £Gibson’s ’ papers had little to say. An opium case against a prominent haole was settled bv a foreigu juiy a few years ago by a venlict of not guilty. Tbe presiding judge smiledand bowed and wondered how any sane jury could render sucb a verdiet. But be said notbing. Judge Cooper sbouid be made to undorstand tbat be simpiv sits in bis judioial chair to furnisb the law needed in a trial and to do tbe executive part of a judge — to sentence a convicted criminal. He is ajudgeinfact and not a