The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-09-20
OLD ENGLAND'S SYSTEM
GEARS TALK TO THE GRAND
JURY.
History of the Grand Jury System,
From Charge by the Late Associate
Justice Field.

A good deal of historic matter con-
corning Grand Juries was given yester-
day by Judge Gear in his charge to the
jury for the present term of the court
The Judge remarked that Grand juries
were somewhat new to Hawaii, though
most people had come to know their
purposes, and he thought it well to
quote at some length from a long
charge delivered in California many
years ago by Judge Field, afterwards
one of the Justices of the United States
Supreme Court. The following is in
the charge:
by the constitution OF the United
States no person can be held to answer
for a capital or otherwise infamous
crime, unless on a presentment or in
dictment of a grand jury, except in
cases arising in the land or naval forces
or in the militia when in actual service
in time of public danger. No steps can
therefore be taken with the exceptions
mentioned, for the prosecution of any
crime of an infamous Character-and
under that designation the whole series
of felonies is classed-beyond the ar
rest, examination and commitment of
the party accused, until the grand
jury have deliberated and acted upon
the accusation. Your functions, are
therefore, not only as already stated,
important, they are indispensable to the
administration of criminal justice.
THE institution of the Grand Jury is
of very ancient origin in the history of
England; it goes back many centuries.
For long period its powers were not
clearly defined, and it would seem, from
the accounts of commentators on the
laws of that country, that ii was at
first a body which not only accused, but
which also tried public offenders. How
ever this may have been in its origin
it was at the time of the settlement OF
this country an informing and accusing
tribunal only, without whose previous
action no person charged with a felony
could, except in certain special cases,
be put upon his trial. And in the strug-
giles which at times arose in England
between the powers of the King and
the rights of the subjects, it often stood
as a barrier against persecution in his
name, until at length it came to be re-
garded as an institution by which the
subject was rendered secure against
oppression from unfOunded prosecu-
lions of the crown.
I'm this country, from the popular
character of our institutions there has
seldom been any contest between the
government and the citizens, which re-
quired the existence of a Grand Jury as
protection against oppressive action
of the government Yet the institution
was adopted in this country and is con-
tinued from considerations similar 10
those which give to it its chief value in
England and is designed as a means,
not only of bringing to trial persons ac-
cused Of public offences upon just
grounds, but also as a means of pro-
tecting the citizens against unfounded
accusation, whether it come from the
government or be prompted by partisan
passion or private enmity.
Formerly it was held that an indict-
ment might be found if evidence were
produced sufficient to render the truth
of the charge probable. But different
and more rlerciful and just rule now
prevails. To Justify the finding of an
Indictment, you must be convinced, sc
far as the evidence before you goes that
the accused is guilty"