The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-10

The first Federal Grand Jury for the
Territory was yesterday morning COM
pletely empanelled, sworn and charged,
and is now organized and ready to take
iup the work entrusted to it.
| A L. Morris and Chas. Bellina, for
whom attachments We're issued on Mon
day upon their not appearing according
to summons for the Federal Grand
Jury Monday, came before Judge Estee
Yesterday morning and We're excused
by the Court upon payment of the costs,
having good reasons for their default.
| The jurors who were summoned on
special venire issued Monday were
Wales b Kincaid, j. NJ. More, w L.
Hopper, w NJ. Templeton, A. F. Cooke
and Walter G. Weldon.
All of these We're duly examined and
accepted yesterday which with the four
teen who qualified Monday completed
a panel of %. The Court appointed
Walter c. Weldon to act as foreman.
BY 1920 the first Federal Grand Jury
of the Territory had been empannelled
and sworn and the judge proceeded to
give his charge, after which the jury
retired for organization and to imme-
diately take the consideration of their
duties.
The charge given by Judge Estee was
as follows:
Gentlemen of the Grand Jury: Under
the Constitution of the United States
there can be no legal conviction for
felony unless the party has first been in
dicted by a Grand Jury; and so Grand
Juries perform most important functions
in the administration of criminal justice
in all United States Courts.
A United States Grand Jury is compos-
ed of not less than sixteen nor more than
twenty-three lawful men, selected from
the body of the district.
| Two duties are incumbent on you, as
Grand Jurors: One a duty to society as
a whole, the object being to protect 1t
against the impositions of the criminal
element the other is duty to the citi-
zen to see that he Is not prosecuted or
prosecuted by reason of false or unjust
allegations
The Court instructs you that your ses-
sions are to be secret and what you do
is to be kept secret.
Unlike a State OF Territorial Grand Ju-
ry, you have nothing to do with the
books and accounts of public officers.
No general authority to inspect the
books of the officers of the United States
or to subject the officers themselves to
an examination relative to entries in
such books is possessed by United States
Grand Jurors" The several departments
to which these officers belong, do this.
1 instruct you especially to examine all
matters called to your attention by the
Court; and all matters called to your no
tice by the United States District Attor-
ney and also all matters which may be
brought to your either of your per-
sonal attention If they are offenses
against the laws of the United States.
l,an oSfa tie,
your action on this Grand Jury you
should notify your associates and also
the Court, because 1t is a crime to do
this! Indeed, 1t is prescribed by the
Statutes of the United States; see Re-
vised Statutes, section 5494, that Every
person who, corruptly or by threats OF
= force, or by threatening letters, or by
: any threatening communications, endeav-
ors TO influence, intimidate, or impede
> any Grand or Petit Juror of any court
of the United States in the discharge
of his duty, or who corruptly, or by
threats or force, or by threatening let
ters or by any threatening communities
tons, influences, obstructs or impedes, OF
endeavors to influence, obstruct or i'm
pede the due administration Of justice
d therein, shall be punishable by fine d
n not more than $1,000 or by Imprisonment
d not more than one year, or by both such
= fine and Imprisonment" 1t Is further
provided by section 54O5 of the Reviset
. Statutes of the United States that "Fv.
cry person who attempts to influence thu
! action or decision of any Grand or Pet:
J, Juror upon any issue or matter pending
before such juror, or before the jury o
- whlA he is a member, shall be punish
d able by a fine of not more than 81 ,090 Of
:, by Imprisonment not more than siJ
}. months, or by both such fine and impris
Z. onment"
= So it is prescribed by the Revised Stat
d utes of the United States, section 5sU7
y that IF two or more persons in an,
/ State. or Territory conspire for the pur
T. pose of impeding, hindering, obst!uc1in:
= or defeating, in any manner, the do
;, course Of justice in any State or Terri
~ tory, with intent to deny to any cit:Zel
tue equal protection OF the laws or Z
inture him or his property n
a. shall be punished by a fine of not les
" Slap $500 nor more than $1,000, or by i'm
Prisonment of not less than six month
nor more than six years. or by both SUE
Inc and Imprisonment"
- Ii will thus be observed that the Gen
- eral Government guards with jeaIou
= care the administration of public justice
not alone in the jury room, but befor
- the courts.
particularly instruct you not TO alloy
a. private prosecutors or private dsfcnder
e. to latrude themselves upon your atter
. tor.
To find an indictment there must be
on concurrence of at least twelve jurors.
er The United States Attorney has tn
IN right to be present at the taking of a
.y testimony before you, but he has n
Is. right to be present when you delibe-at
N. or when you vote
1t Is your right and your duty II 20
. should require further instructions dul
ing your sessions to ask the Court fl
ID such instructions.
Gentlemen of the Grand Jury, ii
- Court reminds you that you have bee
Al, summoned from your customary pursui
a TO act as United States Grand Jurors f,
10 the Territory of Hawaii, because
your supposed eminent fitness to pc
xa form those duties. Your jurisdictiC
reaches to all parts of the Territory. W
are the first United States Grand Jul
ever impanelled in these Islands, al
your work will be looked to as prec
r. dent by future United States Grand Ju
les This is an additional incentive tn
should inspire you to give to the matte
yer brought to your attention, unusual cal
all You are the sworn officers of the la
" all OF you are citizens of the Unit