The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-10-18
GRAND JURY
ON SLAVERY.
Investigation Is
Ordered by
Estee.
(From Wednesdays daily.)

practiced among themselves by the
Asiatics.
Judge Estee in his charge to the Fed
eral grand jury yesterday, called at
tention not only to the above violation,
but also into the alleged infraction OF
the eight-hour labor law by United
States contractors. This last is belicv-
ed to be an outgrowth of the change
by the labor unions that the contract
for a small building at the naral sta
tion has been let to sub-contractor
who is using non-union laborer. end
working them overtime.
The new venire secured by Marshal
Hendry reported yesterday at 10 o'clock
and upon answering in the affirmative
as to the questions as to citizenship and
knowledge of the English language the
court asked If any of them had any
legal reason why they should not serve.
As one or two were about to speak
Judge Estee stopped them with Never
mind, this is the best jury ! have ever
seen. You may all serve"
lie appointed J. Il. Atherton as fore
mau and instructed the jury thGt Il
could fix the time of its sessions. IN"
Jury is composed of twenty-three, the
largest number allowable under IN"
law. The smallest number is TO he
sixteen.
The Jury held it's first session yester-
day afternoon end considered the case
of CAPTAIN Wallace. 1t also examined
to a small extent into the slavery
ch5rge.
The jury was first assigned to the
court stenographer's office on the sec
ond floor, which had previously called
for complaint from the circuit grand
jury. They were finally allowed to t1ke
up quarters in the room adjoining IN"
IInited States clerks office
Judge Estee's charge to the grand
jlry was as follows:
Gentlemen of the Jury-A United
States Grand Jury is composed OF not
less than sixteen nor more than TWEEN
ty-three men selected from the BODY
of the district. Two duties are IN
cumbent upon you as grand jurors :
one duty to the government; the oth-
er duty to the citizen.
The court instructs you that your
sessions are to be secret, and what you
do is to pc kept secret.
Your jurisdiction reaches to all parts
of the Territory of Hawaii, and l
charge you that you are to fairly Du'
are made such by the laws of the Unit
ed States, in this Territory.
instruct you especially to exam
inc all matters called to your attention
by the Assistant United States Dis
trict Attorney, and also to all matters
which may be brought to your or any
of your personal attention, coming
from any other source, If they are OF
fenses against the laws of the United
States.
The enforcement OF the law and the
security to life and property which
such enforcement guarantees, are nee
essary to good government, and to the
business and financial prosperity OF
this community: and so you are to give
to all infractions of the laws OF the
United States your careful attention.
charge you not to present any man
unfairly, or by any unjust influences,
and you are to leave no man unpre-
sented through fear of what might re-
suit from the faithful performance OF
your duty.
The government guards with jealous
care the administration of public JUS
tice, and for the time you are the
guardians of public law in this Terri
tory.
If any one shall attempt to influence
your action on this Grand Jury, you
should Immediately notify the court or
the Assistant District Attorney.
1t is prescribed by the Revised Stat
utes OF the United States, section 5ioo
thereof. that
Every person who attempts to in
duence the action or decision of any
grand or petit juror upon any issue or
matter pending before such juror, or
before the jury of which he is mem
Der, shall be punished by fine of not
more than $1,000, or by imprisonment
nf
both such fine and Imprisonment"
Gentlemen of the jury, under the
constitution of the United States. there
can be no conviction for a felony un-
less the party has first been indicted
by a Grand Jury, and thus Grand Ju-
ries are necessary In the administra-
ton of criminal justice in all United
States Courts.
You have no general authority to in
spect the books of the officers of the
United States, or to subject the OFF,
GERS themselves TO an examination rel
ative to entries in such books.
You have nothing to do with the laws
of the Territory Of Hawaii. You ar,
officers of the United States, and aS
such, deal alone with the offense,
against the United states laws, ol
which are made public ofrenses by tn,
laws of The United States.
You represent in part that justic,
which must be administered in this
Territory by the officers of the United
States. and you should not forget tina
all persons, whatever the Chargt
against them, are presumed to be In
nocent until proven guilty; but tina
the guilt of party may be made /,
appear by circumstantial evidence. an,
the proof before you to Justify an in
Gictment need only show a probabl
cause. You should not indict any on
unless there is probable cause show
OF his guilt, and a reasonable chanc
for his conviction and to find an In
dictment, there must be a concurrenc
of at least twelve Jurors.
1t is your right and your duty. /
you should be in doubt, or should re
quire further instructions, during you
sessions, to ask the court through you
foreman. or individually, for such in
structions.
The general government has selecte
the Assistant District Attorney for tn
United States to represent its interest
in all prosecutions. and In the absenc