The Hawaiian gazette., 1902-05-16
CHARGE TO
GRAND JURY
Robinson Differs
From Other
Judges.
drom Wednesday, daryj

stfuCtious 90 the luquisiturlal body uN-
fsred materially from the charges de-
usered upon former occasions by
Judges Humphreys and Gear. one Of
the points 81 difference IL an admoni-
ticn to the jury that II rs not compelled
to consider trivial cases where the pun
i.tment Is less than year. Another
10 that It is not absolutely necessary
for every jury TO make n tour Of in
Vestigation through all public institu-
tons upon each and every occasion.
aud the jury is further instructed that
none OF its members can receive com
p,nsation for services as clerk or sec
rotary. The third Judge holds that
there is no statute in Hawaii provid
ing for such compensation, which
would seem to indicate that some of
the jurymen favored by the first two
Judges drew various amounts from the
Territory Illegally An OF the past
juries have had secretaries and often
times clerks, i'm addition who drew
from one hundred to three hundred
dollars apiece for their services, in ad-
dition to their per diem as jurymen.
e. IA. Cooke was appointed by the
court as foreman of the grand jury
and William Henry Tell was sworn as
ishiii wy Ni'h' y o'A
standby, was about the corridor wait
ing TO be called upon for the service
hut he was simply ignored. Tell was
formerly bailin to the Court of Fire
Claims and was recommended by it's
members to Judge Robinson.
The grand jury is composed of six
teen men, five of the special jurymen
having been excused These were: j.
y. Castle. e. H. AthertOn, ID. Kanewa-
nui, Godfrey Brown and G. +. Herrick.
The grand jury is holding it's sessions
il the old throne room in the Capitol
building. and Immediately after its or
sanization yesterday morning. an ad-
journment was taken for the day, be
cause Of the Lishman funeral.
After a brief review of the origin of
the grand jury, a definition of infamous
crimes, and discussion of the grand
jury's duties the court said:
While administering you to be thor
ough and efficient in the discharge o'
your duties, ! charge you that the pres
ent depleted condition of the Terrific
rial treasury, which IL fact doubt
less known to each and all of you
should urge you 10 be prompt and ex-
peditious In your Investigations and de-
liberations. The expense incident Ia
each days session of grand jury H.
considerable and each day unnecessa
rily employed in inquiring into a tri-
Hing Offense alleged to have been com
united or into the management of a
public institution against the officers
az employees Of which there has been
directed no charge or suspicion of mis-
management imposes "A useless expense
and an unnecessary financial burden
upon the taxpayers of this Territory.
While your privilege and right to in
quire into crimes alleged to have been
committed is cO-eXtensive with the ju-
risdictiOn of this court in criminal cases
and extends to all classes of public Of
lenses, from the most insignificant and
trifling to the most heinous and in
famous-from simple assault to muir
der in the first degree-still / charge
you. especially in view of the depleted
condition OF the Territorial treasury
that 1t is not strictly your duty to
inquire into any crime alleged to have
Been committed, the punishment for
which, prescribed by statute, Is i'm
prisonment, whether with or without
hard labor, for a term less than one
year, whether with or without fine, nor
is it strictly your duty to Inquire into
the management of any or all public
institutions situated in this Circuit,
upon every occasion at which You are
summoned, although 1t is your privi-
lese and right TO do so.
The people of the Territory of Ha-
wall, and the complaining witnesses as
wen, have Q remedy, adequate, COM
slete and speedy, at vastly less ex-
pense to the Territory. in the sum
NEr,, fglf
trict Courts under our laws in the
hearing and determination of criminal
orenses not included in the definitions
OF capital and otherwise infamous
crimes, and in case OF acknowledgement
Of public institution, persons having
knowledge of such mismanagement
would not hesitate, in these days of
enlightenment and zeal for the public
good, to call it TO your attention with
out delay"
Then, advising the grand jury OF the
necessity for secrecy, the court con-
cludes as follows:
NO indictment can be found by you
unless at least twelve of your number
concur in the finding. When an in
dictment is found by you. you will en-
Sorse thereon, "A true BILL" and have
such endorsement signed by your fore
man. While not required by law In
this jurisdiction, 1t is customary and
usual ard generally required by law
in other jurisdictions, that the accused
shall be provided with a copy of the
indictment, II found, and / believe II
advisable that the custom and usage
he followed in this Jurisdiction as It af-
tords the accused better opportu-
nifty to prepare for his defense. A
sufficient number OF copies of the In
dictment should, therefore, be pre-
pared so that the accused or his at
torney may be furnished with a copy at
some time prior to his arraignment
upon the crime charged.
No member Of the grand jury can
be excused, except by the order of the
court. If any member OF the grand
jury is absent at any time, or delin-
quent, Ii will be the duty OF the fore