The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-06-11
Kali UA ON
THE BENCH.
Circuit Court at.
W aiIuku,
Maui.
FULL ACCOUNT
OF PROCEEDINGS
Charge to the Grand Jury and
List Of indictments So Far
Presented.

CUT SVuTl LOT the June term SoilNSHCo
promptly at 10 o'clock on Wednesday
morning. Judge Kalua presiding; Attor
ney George Davis as Deputy Attorney
eneral; ]. n. K. Keola, clerk; Maurice
McMahon, stenographer; Lee Chung.
Chinese interpreter. and James Hakuole,
japanese Interpreter. The following at
torneys wereain attendance: Enoch John
son, E. C. Peters, j. NJ. Kaneakua,
John Richardson, A. N. Kepoikai, Geo.
Hons, James L. Coke, D. II. Kahaule-
lilo, A F. Tavares and j. K. Saunders.
A full venire of Grand and Peteit Jur-
ors were present, only two failing to
answer at roll call. These two were
each fined $25. The Grand Jurors were
excused till Thursday, and the calendar
was called. number of cases were
discontinued, some were passed, and the
rest were announced as ready for trial.
Judge Kalua had no trouble with coat
less attorneys as the climate of Wal
iuku does not permit of such idiosyncra-
cies, but Chinaman, who imagined that
he was attending a roundup of cattle
| in Kula marched into the court room
and approached His Honor with jangling
spurs and flash leggings. The Pake was
reminded that he was not at a rodeo,
and was requested to retire and dfvest
himself of his paraphernalia, which he
hastily did
| Judge Kalua was disqualified in num-
Der of cases, which will be assigned to
NJudge Edings for trial upon his arrival
! from Hawaii next Tuesday morning.
On Thursday morning panel of TWEEN
ty-four Grand Jurors were sworn in,
whereupon Judge Kalua delivered TO
| - he q HE charge.
CHARGE TO JURY.
Gentlemen of the Grand Jury: You
| have been summoned from your homes
for the purpose of inquiring into and
making presentment of offences and find
ing indictments against persons who
have violated the laws of lis Territory,
| which have been committed within this
circuit, and are triable by this court.
/ '.It is my sad duty to inform you that
there will be presented by the Deputy
Attorney General case which involves
the death penalty, that of the Territory
of Hawaii vs. Ylsnimoto Yashisuke, a
Japanese laborer at Lanaina, charged
with the murder of woman.
TT will be your duty to make an ex-
animation of the several witnesses which
shall be brought before you. and If yot
are satisfied and have reasonable cause
to believe that the crime has been com
mitted and that the prisoner should b.
put upon his trial, then it will be you
bounden duty to find a true bill. Hi
guilt or innocence will be inquired int
and finally passed upon by the Peu
Jury.
I .1t is not necessary in order to find a.
indictment that you should be satisfie
of the guilt of the defendant beyond
reasonable doubt, but you must be salts
Ia = 10 ia hot grin a
been committed. and that there is rea
sonable and probable cause to beliey
THAT the prisoner charged before yo
committed that crime. In other words
the Territory is bound to make out
prima facfe case against the perso
I charged.
: This is the second Grand Jury thu
has been summoned within this judici
circuit and while your principal dut
consists in inquirng into offences con
mitted within the jurisdiction of tn
court. you have right to inspect q
1t public buildings situate anywhere on Il
e, Islands of Maui, Molokai and Lanai; W
re have a right to examine the books al
ic accounts of all public officers within tn
circuit You have certain inquisitori
te powers. and it will be your duty to !
ne quire into and see that the laws of tt
Territory are enforced by the sever
District Magistrates within this jvdici
circuit You have the right to make
presentment against any citizen who
you may know of your own knowledge
have violated the laws of this TerritoI
Your attention is especially direct
to the law with reference to the illee
sale of spirituous or malt liquors.
TT has been reported to this court tn
- a. large number of persons are engag
j in the illegal sale of liquor in the D
trict of Lahaina and elsewhere witt
this court.
. THE Legislature has provided for
Issuing of light wines and beer ncens
as well as the sale Of spirituous liquo
and persons who wish to engage in Z
traffic must apply to the proper autho
-. ties TO obtain license; and it will
fH your duty TO make a thorough examil
ton into these alleged illegal sales. a
I find such indictments as you may, at
careful examination, determine VI
against any and all persons whom )
may have reason to believe. and are s
:sfied from the evidence, have been 8
are violating the liquor law of this I
ritory.
This law has been placed upon
statute book for the protection of
Government and the people; and it is
fair TO those who apply for and pay
our their licenses to sell liquor that pers
Her should carry on the business Illegal,
DC Police officers are charged with
- enforcement of this law within Il
No several districts; and if they have IA
rs or neglected to perform that duty
win not hesitate to report them 60
~ court.
This court and the Attorney Gener
department are earnestly co-operat
ON in enforcing the law against the lille
sale and traffic in Intoxicating iql
dry and Offenders against ms "a" "iii
g, tarrested and tried
ISL .eDuring the taking of testimony n
Iheside witnesses will be permitted to
lpresent, excepting the Attorney Gen
and his assistants
During your deliberations and vote
70 1rhether or not YOU will present