The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-20
GRAND JURT eIVEH
ITS Instructions
1t Must Not Seek the
Supreme Courts
Advice.
TRANSITION PERIOD INDICTMENTS
a NEW APPLICATION FOR WRIT
or HAsEAs CORPUS
FOR An oE.
TRANSITION PERIOD INDICTMENTS
W. R. Castle Must Pay Mary }. Mon
san0 With Interest - Another
speudshrin case-Jury Decides
Contested win suit-court Notes.

Judge Gear delivered his charge to the
Grand Jury at the special September
I term of the First Circuit Court yester
day morning.
Grand Jurors answering to their
names were as follows: Henry Water
| house, Charles T. Wilder. Charles NJ
Cooke. Philip Moylan Lansdaie. l. Ten
ney Peck. Chalmers Alfonso Graham.
Horsce ]. Craft. Starr Kapu. Charles
NJ. v. Forster. Henry Lewis David Kaw-
ananakoa. Charles B. Wilson. F. III.
Loncks. f. $. Cunha. Christopher Jones
| Holt. Josiah t. Crawley. p. III. G.. Mid
dleditch. Charles W. Booth. Moses K.
Nakuina and Henry de Fries.
The court stated. upon the name of
r. c. 4. Peterson being called. that he
was excused for the term and had left
/ for the Coast the day previous
The court will follow the United
States District Court in the construction
of United States statutes" said Judge
Gear. starting the Grand Jury to work
on a large number of old crimes. And
you are instructed that convictions of
persons accused of infamous crimes with
out grand jury Indictment and by less
Y than twelve jurors after the passage of
/ the Newlands Resolution. are void You
are called together at this special term
of court to consider the cases of a num-
Der of prisoners held in Jail in this ter
ritory. who are in effect liberated by re-
cent decisions
The court appointed Prince David
Kawananakoa foreman. although the
/ prince was very anxious that someone
i else be appointed who knew more about
grand juries-
In delivering his address to the jury.
Judge Gear said that he had intended to
/ give only a short charge, but he had come
|
it advisable 10 present. The court then
read at considerable length from charge
delivered by the late Justice Field in Cal
| ifornia when he was a Circuit Judge
Judge Gear said that the Grand Jury
was something of an innovation in Homo
lulu. thereuDon proceeding to define the
duties and powers of the jury.
THE Grand Jury is a part of this
court. and gets the law from this court
| said the court. sfE the past two grand
J juFies. for reasons best known To them
| and the Deputy Attorney General who
had them in charge. have tried Is get
legal instructions from the Justices of
the Supreme Court That win not be al
lowed by this court Even the Chief Jus
tice has no right to talk to you upon the
law or to influence You in anv way. The
court mentions this matter at this time
because the last grand jury was dis
charged because of its having so consult
ed the Chief Justice.
Important questions have arisen OF
late in this community. You are called
together at this special term on account
of decisions which in effect release a num-
Der of prisoners now held in Jail. This
court has held in a number of cases that
those whose trials during the so-called
transition period were not in accordance
with American law, were Illegally detain-
ed. This court was reversed on that and
l.cA u. -
Court. Judge Estee. decided that the right
of trial by jury and indictment bv a
grand jury before trial. as guaranteed by
the Constitution of the United States
were extended to Hawaii by the New
lands resolution. This court will follow
the United States court. and instructs
you that this is the law.
.No doubt the Attorney General will
bring before YOU all prisoners now held
in Oahu Jail for infamous crimes. who
we're not indicted by grand jury, or con
yieted by unanimous verdict of twelve
jurors
The judge informed the jurors that
they should not allow any private prose
cutor to appear before them. They were
to present no man for malice, fear or re-
venge. nor TO clear any man for. inf1u-
ence favor or wealth. Their deliberations
were to be secret. The Attorney General
had a right to present cases before them.
but not to be present at their delibera-
tions or votings. If further instructions
were required they were privileged to
ask the court for such.
The court appointed Emil Ney as asher
and said that the jurors could appoint a
clerk themselves. The court said that
the jurors had a great deal of work be
fore them and set their hours of session
as from 10 TO u and / 80 to o'clock.
saying. they could work longer if they So
desired.
SIN bringing indictments said Judge
Gear .you are not required to be with
: out a reasonable doubt like q petty jury.
as you only hear one side of the case
| If YOU believe that the government evil
dence. uneontradicted. would result in
conviction you are to find a true bill
You may appoint committees to in
vestigate public institutions or any crime
any of you may. hear about. A room
viii be set apart for you which is TO b
subject to your orders until you are dis
charged
Deputy Attorney General Davis an
nounced that there were some case.
, which be would not present to the grand
Jury. ones in which he appeared as eoun
sci for the prisoners in the recent ha
beas corpus proceedings
Il don't want TO be on both sides.
said Davis
There IS a high local precedent fo
going farther" replied the judge
Davis explained that his c0nscienc.
would not permit him to appear as pros
ecufor in the cases which he had 6e
Tended though he did not mean 70 con
tend that such action would be neees
P sarily wrong Judge Gear advised Davi
! 70 arrange the mafter with the Attorne
General
After hearing the cnarge the gran,
Jurors adjourned TO organize the wor
before them. Seven witnesses in "a
= kahuku riot cases we're on hand read
Tor the jury and work vas at ence begun
= Application FOR Writ
attorney +. If. Brooks made ne,
application 70 Iudge Gear yesterday Al
teFnoon for = writ Of habeas corpus Fl,
Ah O. TIE nririlsnl rsnfifsnssa.- Z. aln l.