The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-08-07

matters in regard to which 1t
VII he yC ur duty to make inquiry are
r3sch as may be within the Knowledge
iet ary ore CT you; suoh as may be gv-
en- TO you in charge by this Court:
sSch as ray he submitted to you by
We Attorney General, and finally such
as may re brought TO your attent on
' y private parties. But you are not
] rr'tsd In your inqu ries to crimes
y hiCh are alleged to have been ac u
aty committed You may comment,
~ your firal report to this Court
ard. iGdeed, II is your duty IL neces-
sity therefor ex'sts-to comment upon
TIE management of pubic institu-
ors. ard any condition which YOU
may deem detrimental to the public
coed.
SECRECY IMPORTANT.
The Attorney General will examine
all witnesse who may be summoned
TO testify tefore you, but L Is your
right also to interrogate such wit
ntssos. ard II is right which no con-
feraticn CT delicacy should deter
you from exercising when you be-
i!eNe the facts may be more fully
eliCitsd q by your doing so. In such a
case IL is something more than a right
Nhi,h you may waive at your pleas
ure. II : a duty, and duty which
you sDOuld Tot Snlrk.
You viii exclude all persons, includ-
ing the Attorney General or such 9TH
er person as may for the time being
reSrs Mt the Territory, from your
presence while you are celebrating
and voting in respect to any matter
vL.,h may have been brought before
You. 1t Is the duty of the Attorney
General to advise you as to the law
applicable to any particular state of
facts. 1t is not his duty, and 1t
would be highly improper for him. to
argue the facts in any cases before
you, and in no event should he be re-
quested or permitted to express his
opinion or belief as to the guilt of any
person accused of crime.
The Attorney General under our
statute, as well as under the common
law of England, possesses the power
to enter a nolle prosequi in any case,
but this power should be exercised in
open court In the glare and blaze of
publicity and not I'm the retreat and Sc
erecy of the Grand Jury room. If in
any case you find a bill of indictment.
II will be the duty of the Attorney
General to prepare such bill at your
request. You will hear the witnesses
for the prosecution. and IL, in your
Judgment, the evidence of such wit
nesses, unexplained and uncontra-
dieted. would warrant a conviction by
the Petit Jury, II win be your duty to
find an Indictment. / am not unmind-
ful of the fact that distinguished
Judge has said that II Is the duty of
the Grand Jury to have any evidence
produced which would qualify or ex-
plan away the charge under iavesti-
cation. i do not believe that to be
the true rule; nor was IL the common
& e.II. n
would necessarily result in converting
what y designed to be mere prelim-
inary inquest into body possessing
the power Of ultimate decision a
systeni like that would be .ntoicrable.
The very secrecy in which you act,
Withdrawn as. you are in a large
measure from the aid. guidance. di-
rection and control of the Court while
yet an appendage of the Court, would
tend to destroy confidence in the ad-
miBistration of justice IL you assum-
cd 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 fol-
/ your consideration would. while pro
tecting 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 condition.
may employ.
ON THE EVIDENCE ONLY.
/ therefore charge you. gentlemen
of the Grand Jury. that IT Is your dut,
to refrain from permitting accuses
persons or their attorneys or wit
nesses TO appear before you, and yo'
are not to permit such persons, o
their attorneys. or Witnesses or an.
other person to speak to you upol
the street or elsewhere in regard I
such matters. 1t may seem hard, an
indeed IL is most unfortunate. that a
innocent person should be subjected [
indictment for crime, consequent al
rest, arraignment and trial; but sue
considerations, where the evidenc
warrants an indictment in the first in
stance, are not for you, gentlemen
As human beings are not perfect
their institutions must necessarily b
imperfect, and II any innocent perso