The Hawaiian gazette., 1900-08-07
A STRONG CHARGE TO
THE FIRST GRAND JURY
Continued from Page ~

suffers an indictment nt your hands
you have the satisfaction OF knowing
that sich person will be given the OPP
portunity OF n fair and impartial trial
by n court and jury, of meeting the
witnesses against him face to face.
and of CORRESPONDING them. of sum
morning without cost witnesses 10 trs-
tify for him, and OF tostifying In his
own behalf. And, more. you have the
satisfaction OF knowing that your in
dictmcnt, after ALL IL mere accusa-
request. You win hear the witnesses
for the prosecution. and II, In your
Judgment, the evidence Of such witt
nessCs. unexplained and uncontra-
dicted, would warrant conviction by
the Petit jury 1t Will be your duty TO
ind an Indictment | am not unmind-
ful of the fact that distinguished
Judge has said that IL ia the duty Of
the Grand Jury to have any evidence
produced which would qualify or OK
plain away the charge, under invest-
cation. l do not believe that to be
the true rule; nor was IL the common
law practice. Such a rule II followed
would necessarily result in converting
what is designed TO be mere prelim-
mary inquest into a body possessing
the power of ultimate decision A
system like that would be lntolorable.
The very secrecy In which YOU act
WITHDRAWN as you are I'm II large
measure from the aid, guidance, di-
rection and control of the Court while
yet an appendago of the Court. would
tend to destroy confidence In the adj
ministration of justice If you assum-
ed to determine the guilt or innocence
Of persons accused of crimes. In
many instances those persons are not
under arrest, and to give them an op-
portunity to present their defenses for
your consideration would, while pro-
tectng the Innocent forewarn the
guilty and enable them TO escape
through flight through intimidation
of witnesses. or through the many In
sidious influences which wealth.
family social or political conditions
may employ.
ON THE EVIDENCE ONLY.
l therefore charge you, gentlemen
of the Grand Jury, that II Is your duty
to refrain from permitting accused
persons or their attorneys or wit
nesses 10 appear before you, and you
are not to permit such persons, or
their attorneys or witnesses or any
other person TO speak to you upon
the street or elsewhere In regard to
such matters. 1t may seem hard. and
indeed 1t is most unfortunate, that an
innocent person should be subjected to
indictment for crime, consequent ar
rest, arraignment and trial. but such
considerations, where the evidence
warrants an Indictment In the first in
stance, are not for you, gentlemen.
AS human beings are not perfect,
their institutions must necessarily be
imperfect, and If any innocent person
ton which does not create even pre-
sumption of guilt, for. despite your In
dictment, the defendant is presumed
10 be innocent of the act. Innocent of
the intent, innocent of the crime
charged In all of its parts.
desire to say to you. gentlemen of
the Grand Jury, that If. this commu-
nifty Is ever afflicted with the condi-
lions described in the phrase we so
often hear nowadays, "a wide-open
town." the Grand Jurles of this ISL
and will be largely IL not wholly to
blame. va r
If the Grand Jurors fearlessly meet
the duties and responsibilities which
the law has cast upon them no dan
ger need be apprehended from any
element in the community which is
disposed to be lawless or disorderly
LIQUOR AT WAIKIKI.
We should not rest content In the
thought that we are an old and set
tied community, and that our social
and moral status IL secure beyond at
tack. Rather let us bear in mind that.
while the country Is old in point of
settlement, yet it is but an infant as
an American Territory, and that that
very fact VIII attract hither a horde
of adventurous spirits who, having
neither the hostage OF property or
reputation or family ties, may seek to
fasten upon this community through
persistent clamor and demand, IL not
through open violation of the law.
such conditions as may seriously af-
feet our moral status and integrity as
community. l charge you, gentle
men of the jury, that In the admins
tration of criminal as well as civil
law, there should be absolutely no
discrimination. Before the law all
men are on an equal footing without
reference TO race, creed, color, wealth
or poverty: but If 1t ever comes to a
point In this country, or In any other
country, where there is to be discrm-
ination In the administration of Grim
inal Justice It should be I'm favor of
the weak rather than the strong, for
the higher the standing of the indi-
vidual In the community, and the
greater his wealth, the swifter and
surer should the punishment be.
1t has come to the information of
this Court, and / charge you to make
diligent inquiry into the fact, that at
the hotels and resorts on the beach at
Waikiki liquor Is sold on Sundays In
open violation OF law; and IL II is
necessary, to arrive at the truth of
this charge. 1t will be your duty to
summon every person boarding at
these hotels or resorts and every per-
son who visits them on Sundays, to-
Bether with the employees of such ho-
tells and resorts; and II you are salts
fed that the law has been or IL being
violated In this regard 1t viii be your
duty 10 take proper action In regard
thereto. II you are satisfied that any
OF the persons summoned before you
to TESTIFY as to these matters are
swearing falsely you should promptly
indict them for perjury
And. moreover, II you believe that
the granting OF liquor licenses to
persons on that beach IN calculated
and does ia fact depreclate the value
OF property thereabouts. and render Il
less safe and desirable as "a place of
abode, or, II II Is calculated TO make
that neighborhood a rendezvous for
a