The Hawaiian gazette., 1901-04-16
FEDERAL JURY
IS At WURk

a numbur 10 witnesses whose testi-
wuny is 90 Importance iu The cases
0t the United states against Frank O.
sodorgreu ana Nelson stuart charged
with assault upon the high seas, have
been imprisoned los order OF the United
states District Court, TO prevent their
leaving the Territory before the trial
OF said cases
The Grand Jury yesterday invcstigat-
ed the matter and It reports as follows:
The United states Grand Jury In
session beg leave to call the attention
Of the Honorable Court to the method
employed by the United States Marshal
for the detention OF witnesses, and
other persons pending their cNamina-
ton in this Court.
Your jury upon careful examination
find that at the present time the method
employed to secure the presence of the
witnesses and other persons who may
be required in the United States court
and may be unable to provide bonds for
their appearance, is to commit them to
the care of the High Sheriff of the Ter
rtory, who places them in the Terri
torial penitentiary, unuer the same con-
ditions and regulations as the prisoners.
Your Grand Jury are instructed that
this is violation of United States law
governing the detention of witnesses
and persons held for appearance In
Court, that such persons should be de-
tanned in a Jail and not a penitentiary.
p Your jury find that the persons held
to appear in this United states Court
are treated while in prison the same
as those under sentence for the worst
of crimes excepting only that they are
not put to hard labor; they are obliged
to submit to the same prison regula-
lions and fare, and from the evidence
of many witnesses and from sample
breakfast produced before your jury, we
find that the rations supplied to the
prisoners are not of such quantity or
quality as these men are entitled to at
the hands of those who hold them in
confinement for no fault of their own.
Your jury feel that.to place these per-
sons under the same rigorous discipline
as that adopted for ConvCts. to require
these persons to mingle with those held
for the worst of crimes, to give these
persons no faVors not granted to con-
viCts. is an outrage upon the right of
innocent American citizens and should
not be permitted by any United States
authority. We cannot hold any United
states OillCtT as Tree from CeUSuTe WHO
permits this condition to exist without
making some effort to remedy the
wrong and much more is such officer
censurable who admits that he does not
know where these persons are detained
or what treatment they are receiving
from the hands of those to whom he
has committed them.
I'VE do not regard the plea that the
n or
iStation House or jail. as bearing upon
this evil. If Territorial jail is not of
sufficient size or has not the proper
accommodations for the persons who
must be detained by the United States
authorities pending their appearance in
Court. then a proper place should be
provided for these men who have COM
mitted no crime. They are perhaps the
unfortunate victims of mans inhu-
manity to man as eXemplified by the
treatment of American seamen by their
officers. Others are those who We're so
unfortunate as to witness the brutality
which brought their shipmates to the
same condition of prison life in which
they find themselves. The result of this
treatment of innocent men is to defeat
the ends of Justice. for these men and
others who learn of this method of de-
tention will never tell of a crime they
may witness, knowing a felon's cell and
felon's fare await them pending the
time they may be called to assist in
the work of bringing the guilty to jus
tice"
This report was handed to Judge
Estee with the request that copy be
sent TO the United States Attorney
General at Washington.
Judge Estee glanced il over hastily
and said that this would be done The
Grand Jury was then dismissed for the
day.