438 
POLYNESIAN RESEARCHES. 
Concerning the Jury. 
1. No man shall be tried for any great crime without a Jury. There 
shall always be a jury, excepting in minor offences, quarrels, &c. 
2. When a man is tried for any crime, the judge shall select six men 
to be a jury, men of integrity shall he select; they shall mark or hear 
attentively the untwisting or investigation (of the matter.) When the 
evidence and examination are ended, the jury shall confer privately on the 
statements and evidence they have heard during the trial, the words of 
the accusers, and the words of the accused, with the evidence or testimony 
of the witnesses. If they unitedly think the person tried is really guilty, 
that he committed the crime (there having been the evidence of two 
credible witnesses,) and if they agree that he is guilty, one of their num¬ 
ber shall address the judge, saying. This man is really guilty. Then 
shall the judge pronounce the sentence upon the criminal; the sentence 
written in the law shall he pronounce. But if the whole of the jury think 
the man accused is not guilty', then one of their number shall say. There 
is no guilt. If it be one of the king’s family that is tried, then the jury 
shall be members of the reigning family, (or individuals also of equal 
rank:) if a landed proprietor or farmer that is tried, of landed proprietors 
or farmers, only, shall the jury be composed. 
3. If during the trial the jury desire to put any question to the prisoner, 
or to the witnesses, it is right they should do so. 
4. If the accused person observes any one on the jury, whom he knows 
to be a cruel or evil-minded man, or a man of whom his heart does not 
approve, it will be right for him to say to the judge, “ Remove that manj 
let him not be on the jury.” Then shall the judge seek another man in 
the place of one so removed, and shall proceed in the trial of the accused. 
If it be two or three on the jury, of whom the prisoner does not in his 
heart approve, they shall be removed; but in reference to four, or the 
whole jury, it will be improper. When two are removed, two others the 
judge must seek; when three, then must the judge seek to fill the place 
of those removed, and then judge the person accused. 
Concerning the Messengers of the Magistrates. 
Their duties.—^This is the duty of the messenger, (or peace-officer,) 
When a man is accused to a magistrate, the magistrate shall send a mes¬ 
senger to the accused person, to bring him before the face of the magis¬ 
trate, and guard or take the custody of him during the trial. When the 
trial has terminated, the messenger shall superintend the execution of the 
sentence pronounced by the magistrate or judge, and, in subordination to 
the magistrate, shall vigilantly inspect the convicts, till the sentence be 
accomplished. 
