The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-08-14
GRAND JURY IS WARNED POSITION Government MAY LOSE HIS PAPERS some LONELY AMERICANS
MUST TAKE ADVICE ONLY FROM
JUDGE HUMPHREYS.
Not to Investigate Matters Suggested.
in the Newspapers Unless Thereunto
Specially Charged by the Court.

Circuit Judge Humphreys took occa-
sion this morning to warn the Grand
| Jury not to be Influenced by anything
which has appeared or may appear in
] the public press. In fact during his
address Of advice to that body he warn
( ed them not to consider anything which
was not brought officially to their at
! tention. They were to concern them
selves with the present not the past.
| When the court convened almost the
! first business called by his honor was
! to direct the bailin to summon the
grand jury. Considerable surprise was
| felt and much interest manifested as
to what new sensation the court was
about to spring. The attorneys and
others in the audience were not kept
very long in suspense.
Gentlemen" said Judge Humphreys
to the grand jury, Il will take the pres
ent occasion to call your attention to
the fact that certain published state
ments have appeared since the begin
ming of this term and to caution you
not to concern yourselves with any
thing which has been published or has
been signed by any one in the
press and not give your attention to
anything which has not been brought to
your official attention. You are here
to concern yourself with the present
and not the past. The Republic of Ha-
waii passed out of existence August u,
1898 1t Is not within your province to
criticize the faults of that government.
| Nor is it a part of your duties to de-
termine whether the monarchy was
lrightfully overthrown, or whether the
marines from the United States warship
were rightfully landed here. 1t is prob
ably an interesting fact whether Mary
tQueen of Scots was rightfuly beheaded
but it is not for you gentlemen to de-
eide. No more is it your right or duty
to determine whether the Jewish or the
Christian religion is the proper one.
You will not allow yourself to be
influenced by anything of an outside
character but confine yourself to the
present and the consideration of things
which are brought before you officially.
You will not concern yourself with
statements which may occur from time
to time in the public press Many
things which are said in the press are
true but unfortunately many things
which are said are not true. You are
not a public threshing machine to go
over new things which appear in pub
lie print but you are to direct atten-
ton exclusively to the matters that are
presented for your consideration"
After delivering this speech which
was of 9 most general character but
which, nevertheless was pointed
enough to those familiar with thef Oc-
Icurrences of the last few days, the court
allowed the jury to retire. While Judge
Humphreys did not say so, in so many
words ii was believed by those present
that his remarks We're caused by the
open letter of w. a. Kinney published
this morning. in which Mr. Kinney de-
manded an investigation of charges of
favoritism in the courts made by what
Mr.. Kinney described as "a news
paper i'm close touch with one of the
occupants of the Circuit Court bench
tl1a Il
takes the warning which the court
sounded, it does not seem probable that
the investigation demanded by Mr.
Kinney will be conducted by that body
1t may not be, however, as many who
heard him infer, that the court has
gone on record as seeking to prevent
any such investigation so far as lies
within his power.
Before the Jury retired c. A. Graham
stated that he had received word from
home that his father lay very i'll in
hospital at San Francisco and If he ever
hoped to see him alive he must hurry
to the coast. Graham therefore said
that if the business of the grand jury
! was not finished by Friday he would
: have to ask to be excused from fur
f ther duty. The court said that If Mr.
Graham would present his excuse or
Friday he would excuse him from fur
: ther service for the remainder of the
e present term.
f L. A. Thurston brought up the mat
ter of his dsagreeable and enforced ap
( pointment as special counsel to defenC
} Xii an INDECENT charged with arson by
\ setting fire to q cane field of the wal
anae Sugar Company Mr.. Thurstoi
asked to be excused from service fo
the reason that he had not been en-
gagged in active court practice for tn
last year. He had appeared recent,
e in the Supreme Court but 1t had heel
in connection with an old case. Thi
week he will also be in Judge Silliman'
department in the trial of the insuranc
. cases. At the time that he took thes
. cases and was retained by the insur
= ance people, Mr.. Thurston explained, h
y had been assured that the Governmen
= would settle all such claims and
. would not be necessary for him to ap
e pear in court to defend them. Subse
D duent events had proved this represen
tation to have been incorrect.
The court said that agreeing wit
noted criminologists and eminent jur
g lists he thought that criminals were en-
o titled to the most able counsel in thel
r defence and for this reason he had an
o pointed Mr.. Thurston. The court eN
pressed the opinion that no matter hoy
many engagements an attorney mlgh
have he should make some sacrihc
= i'm such a case. Judge humphrey
stated that he accepted Mr.. Thurston
statement in good faith and would eN
cuse him from duty, Mr.. Kauluko
was appointed in place of Mr.. ThurstoT
- The former entered a vigorous protes
and said that his time was too muc
occupied. He was indiscreet enough
admit that he would not be engaged o
Saturday morning so the court prompt
~ directed him To be ready TO plea
that day.
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