The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-04-12


UP the work entrusted to II.
a. l.. Morris and Chas. Belina, for
whom attachments were issued on Mon
day upon their not appearing according
to summons for the Federal Grand
Jury Monday, came before Judge Estee
yesterday morning and were 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. Kncaid, j. NJ More w. l..
Hopper, w. NJ. Tempeton, A. F. Cooke
and Walter C. Weldon.
All of these We're duly examined and
accepted yesterday which with the four
teen who qualified Monday completed
a panel of 22. The Court appointed
Walter c. Weldon to act as foreman.
BY 1890 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 orsideration 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 a
felony unless the party has first been in
doted by a Grand Jury; and Grand
Juries perform most important functions
in the administration of criminal justice
in all United States Courts
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
n m rinfu
a whole, the object being to protect 1t
against the impositions of the criminal
element; the other is a 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 or 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.
I instruct you especially to examine all
matters called to your attention by the
Court; and all matters called to your no
ney, and also all matters which may be
brought to your or either of your per-
sonal attention, If they are offenses
against the laws of the United States.
If any one shall attempt to influence
your action on this Grand Jury you
should notify your associates and also
the Court, because it Is crime to do
this. Indeed, 1t is prescribed by the
Statutes OF the United States; see Re-
yised Statutes, section 5404, that Every
person who, corruptly or by threats or
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
tiers, or by any threatening communica-
tons, influences, obstructs or impedes, or
endeavors to influence, obstruct or I'm
pede the due administration of justice
therein, shall be punishable by fine of
not more than $1,000 or by imprisonm mt
not more than one year, or by both such
fine and Imprisonment" 1t is further
provided by section 54O5 of the Revised
Statutes of the United States that "Fv-
cry person who attempts to influence the
action or decision of any Grand or oet:t
Juror upon any issue or matter pending
before such juror, or before the jury OF
which he is a member shall be punish
able by a fine of not more than $1,000, or
ny Imprisonment not more shan six
months, or by both such fine and impris-
onment"
So it is prescribed by the Revise Stat
utes of the United States, section 5;n7,
that III two or more persons in any
State or Territory conspire for the Dur-
pose of impeding, hindering, obst 'ucrias
or defeating, in any manner, the doc
course OF justice in any State or Terri
tory, with intent to deny to any citizen
tue equal protection of the laws or to
inture him or his property . he
shall be punished by a fine of not less
Shar $500 nor more than 5000, or Ivy i'm
rrisonment of not less than six months
nor more than six years. or by both such
fine and Imprisonment"
IL will thus be observed that the Gem
eral Government guards with Jealous
care the administration of public Justice,
not alone in the jury room, but before
the cCCrts.
particularly instruct you not 10 allow
private prosecutors or private d ,'cnders
10 intrude themselves upon your atten-
tor.
TO find an indictment there mist be q
concurrence of at least twelve turors.
The United States Attorney has the
right to be present at the taking OF all
testimony before you, but he has no
right to be present when you deliberate
or when you vote.
1t is your right and your duty II YOU
should require further instructions dur
ing your sessions to ask the Court for
such instructions.
Gentlemen OF the Grand Jury, the
Court reminds you that you have been
summoned from your customary pursuits
TO act as United States Grand Jurors for
the Territory of Hawaii because of
your supposed eminent fitness to per-
form those duties Your Jurisdiction
reaches to all parts of the Territory. You
are the first United States Grand Jury
ever impanelled in these Islands. and
Your work will be looked to as a prece-
dent by future United States Grand Jur-
les. This Is an additional incentive that
should inspire you to give to the matters
brought to your attention. unusual care.
You are the sworn officers of the law;
all OF you are citizens OF the United
SInIna and a Y aIIch nra hnnnlv InIeraaI.