Hawaii Reports Volume 15 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...and the trustee for the bondholders of the Oahu Railway & Land Company. Could the Chief Justice approach the consideration of this case with the same impartial and unbiased mind that he would had the 1espondent been charged with blackmailing some other person or corporation with whom he was not so closely connected? Mr. Justice Perry has heretofore punished the respondent at three several times for contempt of court--one sentence being for a term of ten days in jail. Could Judge Perry at the hearing of these charges give to the defendant the full force and effect of the presumption of innocence that the law requires until his guilt was established by competent evidence? Certainly jurors similarly situated when drawn in a trial would be subject to a challenge for cause. The denying of such a challenge under such circumstances would be safe grounds for a new trial. "Justice requires that the judge should have no bias for or against any individual, and that his mind should be perfectly free to act as the law requires." Bouvier, "Bias." An early case wherein a non-freeman was convicted for violating a by-law or ordinance of the City of Chester forbidding any but freemen to keep shop or expose any goods for sale in said city is instructive in this connection. At the trial the defendant challenged the array of the panel because it had been arrayed by the sheriffs who were citizens and freemen of the city. This was overruled and in like manner a challenge to the "polls" because the jurors were citizens and freemen of the city. The defendant was convicted and on appeal this judgment was reversed and a writ of error was sued out. Lord Mansfield in afiirming the judgment of reversal and holding that the...