The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-09-19
GRANDJURY BEGINS WORK
INVESTIGATING IN SOME OLD
CRIMES.
Judge Gear Says His Court viii Fol-
low Estee and Not the Territorial
Supreme Court.

THIS COURT WILL FOLLOW
THE UNITED STATES DISTRICT
COURT IN THE CONSTRUCTION OF
UNITED STATES STATUTES, AND
YOU ARE INSTRUCTED THAT
CUSED OF INFAMOUS CRIMES
WITHOUT A GRAND JURY IN
DICTMENT AND BY LESS THAN 10
JURORS, AFTER THE PASSAGE OF
THE NEWLANDS RESOLUTION,
ARE VOID. YOU ARE CALLED To-
GETHER AT THIS SPECIAL TERM
OF COURT ITO CONSIDER THE
CASES OF A NUMBER OF PRISON
ERS HELD IN JAIL IN THIS TER
aRITORY. WHO ARE IN EFFECT
LIBERATED BY RECENT DECI-
SIONS."
With these words Judge Gear this
morning started the Grand Jury at
work on over a score of old crimes. He
appointed Prince David foreman,
though the prince tried to object and
resign in favor of someone with more
experience in Grand Juries. After lis
tening to a quite lengthy charge, the
jurors retired, with Deputy Attorney
General George A. Davie to organize
and take up the work before them.
Seven witnesses in the Kahuku MUIR
jury, and work was begun at once.
In addressing the jury Judge Gear
said that he had intended to give only
a short charge, but in looking over
some reports he had come upon some
matter which he thought it advisable
ITO present. He read quite extensively
from a charge delivered in California,
by the late Justice Field, when he was
a circuit judge. The Grand Jury sys-
A..
Honolulu, said Gear, and he proceeded
to define the duties and powers of the
Jury.
a important questions have arisen of
1atejn this community" said the court.
fYo1 are called together at this special
term on account of decisions which in
effect release a number of prisoners
now held in Jail. This court has held
in a number of cases that those whose
trials during the so-called transition
period were not in accordance with
American law, were illegally detained.
THIS court was reversed on that and
afterwards the United States District
Court, Judge Estee, decided that the
right of trial by jury and fndfctment
by a Grand Jury before trial, as guar
anteed by the constitution of the Unit
ed States, were extend to Hawaii by
the Newlands resolution. This court
instructs you that this is the law.
mo doubt the attorney general will
bring before you all prisoners now held
in Oahu Jail for infamous crimes, who
were not indicted by {. Grand Jury, or
convicted by unanimous verdict of IL
Jurors"
Judge Gear also instructed the jury,
with some emphasis, that this court
was the one they were to get instruc-
l.. 4.
former Grand Jurors who had rome to
the supreme court. 1.-The Grand Jury
is part of this court. and ~ats the law
from this court" said his honor. I'm
the past two Grand Juries, for reasons
best known to them and the deputy
attorney general who had them in
charge, have tried to get legal instruc-
tons from the justices of the supreme
court That will not be allowed by this
court. Even the chief justice has no
right to talk to you upon the law or to
influence you in any way. The court
mentions this matter at this time be-
cause the last Grand Jury was dis
charged because of it's having so con-
suited the chief justice"
The judge told the jurors that there
was a great deal of work for them. He
set their hours of session as from 10 to
12 and 1870 to A. but told them they
cOulu WOTh lOil6SI IL thSy WdhISu W w
so.
Prince David rose to resign as fore
man, 'in favor of somone who had had
more experience " but the court would
not consider the resignation. Deputy
Attorney General Davis announced that
there were some cases which he would
not present. They are the ones in
which he appeared as counsel for the
prisoners in the late habeas corpus
proceedings. He said he didn't want to
be on both sides.
"There is high local precedent for go
ing farther" said Judge Gear
Davis said that his conscience would
not allow him to appear in the role of
prosecutor, though he didn't see that
it was wrong. The court told him to
arrange the matter with the Attorney
/ General.
/ The Grand Jury has lost Bert Peter
son. When his name was called there
was no answer, and Judge Gear an
nounced that he had gone on the Sierra
to the coast, and was excused for the
term. Peterson went as secretary to
Sam Parker, it is stated. The Grand
Jurors sworn in are: Henry Water
house. Charles T. Wilder. Charles M.
Cooke, Phillip Moyian Lansdale. l..
Tenney Peck, Charles Alfonso Graham,
Horace ]. Craft Star Kapu, Charles
NJ. V. Forster, Harry Lewis, David
Kawananakoa. Charles b. Wilson, F..
II. Loucks. e. S. Cunha, Christopher
Jones Holt, Josiah T. Crawley, p. H..
G.. Middleditch, Charles w. Booth,
Moses X. Nakuina and Henry de Fries.
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