The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-11-03

cial Circuit which may be submitted to
you by the Attorney General or his
deputy, or brought to your attention by
private parties, or of our own knowl-
edge or observation, or which may come
to your knowledge from the disclosure
of your associates.
THE Court, however, from sense of
duty, as well as from the grave i'm
portance of the matter to the public,
particularly calls your attention to the
alleged recent official defalcations and
embezzlement of certain public funds
of, or which We're on deposit in the
offices of the Territorial Treasurer and
the superintendent of Public Works.
Upon this matter as we'll as upon all
others of like character or alleged
wrongdoing which may come to your
attention, involving the betrayal of the
peoples trust and confidence, Gentle
men of the Grand Jury, l instruct YOU
to make the most thorough and COM
plete investigation, and let no guilty
man escape. In this connection |
commend to you the careful and
thoughtful reading of Chapters ., IS
and 40 of the Penal Laws, entitled res
pechVely: Principals and Accessories, 4"
'Embezzlement, and Accessories after
the Fact
Il also call your attention to certain
alleged Irregularities claimed to exist
In the office of the auditor of the Ter
ritory, and l direct you to carefully,
thoroughly and impartially investigate
these matters and to take such steps as
justice may require
Regarding other public offices and
institutions within this Judicial Circuit
unless, for SPECIAL reasons brought to
your attention, 1t is not strictly your
duty to inquire into their management.
| there not appearing at this time any
/ special reason therefor so far as the
| Court is advised. Particularly is this
true at this time in view of the fact
that other Grand Juries preceding you
have made exhaustive investigations in
| to such matters and have duly sub
mitted and filed their reports thereon
| which are and will remain open to exa-
mination and consideration by all per-
sons, including the next Territorial Le-
glslature. Furthermore owing to the
depleted condition of the Territorial
Treasury, / urge upon you the absolute
necessity and Importance at this time
of limiting your investigations so far ss
| is possible to actual or alego crimes
and, even in these matters, while there
must be thorough and complete inves-
legations made, 1 also urge upon you
the Importance of being prompt, ener-
getic and expeditions in your labors
completing the same with all reasonabl,
dispatch. No member of the Crane
Jury can be excused except by the or
der Of the Court. If any Grand Jurol
is absent at any time or delinquent i
will be the duty of the Foreman to pre-
sent the fact to the court"
Judge De Bolt gave one instruction
that was unusual and has not been Civ
en- here, regarding the reception of evi
dence as to the innocence of a persoi
accused. Il is as follows:
THE accused has no right to be pres
ent before the grand jury, either per
sonally or by attorney. Nor, as a mat
ter of right, can witnesses in his be
half be heard by you. The grand jur.
have no power to summon the accuse,
before them.
4 However, the truth and justice ma
prevail, and to that end only, if tn
grand jury should have good and sum
cicnt reason to suspect insanity on tn
part of the accused, or any other ex
culpating fact, or that the charge
groundless and the accused innocent
Continued on page five.)