The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-02-04
Y PLAN MAY TAKE NAHIKU.A NEW GRAND JURY.
JUDGE GEAR DELIVERS THE
CHARGE.
Iwilei, the Saloons, the Asylum and
Paid Police Informers are Referred
to-Desly Foreman.

The Grand Jury was sworn in this
morning and charged by Judge Gear,
| 9. $. Desky was appointed foreman,
/ and Emil Ney is again the bailiff. In
/ the charge The court dealt mostly with
generalities on the subject of indiCt-
ments, but there were references to
! Iwilei, TO the increase in the number of
/ local saloons, the condition of the asy-
! lum, which the court thought had not
| been bettered since a former Grand
/ jury roasted it, and other matters.
! The charge was a brief oral one.
THE court suppOses that you have
! all read the newspapers and are fami-
] liar with the very able lengthy charges
which have been given to Grand Juries
/ here in the past" said Judge Gear. 1T
| has been necessary in the past to give
Isuch charges, because the Grand Jury,
/ though an institution as old as the
| law itself, was new to Hawaii Under
/ the constitution Of the United States,
! ne one may be put upon trial for a
| capital or Infamous Offense except up
| on an indictment brought by a Grand
! Jury. Prior to anneXation-before the
/ Ith day of July, lS9S,-there were no
/ Grand Juries here, and indictments
! were brought by circuit judges assist
| ed by the attorney general This
| brought about a one-man power in the
! dem the founders of the constitution
| Of the United States thought it better
! to more carefully guard the liberties
! of the citizen. They thought it better
! that the guilty should escape than that
the innocent should suffer, though there
are some who do not think so, and who
i EOld to the idea that when they prose-
j cute it is their duty to get convictions
! indictments are not finding those
! accused guilty. You only hear the pro-
! ScCutOn, and where you decide from
i the statements of that side alone that
there is probable cause to believe that
! the accused If brought for trial be-
! fore a jury of u men, would be found
guilty, 1t is your duty tC find indIct-
ments.
There is no matter of great public
! Importance that the court knows OF
regarding which it should instruct you.
| You are an inquisitOrial body, and have
the right to investigate all public in
stitutions, or Offices, to find out how
! they are conducted. 1t Is yOLr duty to
| Investigate any malfeasanCe IN office
I and you have the right to examine the
! books or other records of any depart
I ment Your powers are great and you
should exercise them with great eau
! ton, but without fear or taVOritiSm.
There is one matter, which 1 will
! call to your attention Some time ago
i the court called attention to the con-
Il ditions existing in n place called Iwi-
| lei. Sensational statements have re-
| Gently appeared in the papers that
i these conditions are being continued
II you know of any houses of prostitu-
ton it Is your duty to investigate them,
! whether they are in the best hotels or
! in Iwilei
/ 81 would also suggest that this is a
Il proper body to inquire into the matter
i of saloons. 1t is a patent fact that
141r frrr
i increased. There is no contradiction
i o. the fact that the existence of crime
i is largely because of saloons. Many
i differ on the question of saloons, as to
Il whether we ought to have prohibition
4 o" not, There is no doubt as to the
n alarming increase. You might inquire
a. to whether they are instituted legal
ly or not, and whether it is right to
have so many. 1t is a question wheth-
Il err it is not necessary to have some.
- The fact is that there has been an
4 alarming increase, however, and 1 call
n your attention to it.
4 "The last Grand Jury investigated
4 the conditions of the Insane Asylum,
and found much to criticise, The court
i does not know that anything has been
Il done to correct the evils that We're
. lponted out. You can investigate this
), also. You can have proceedings inSti-
A tuted to close up any institution, any
Il pace lQlI is q menace TO lnG pubic OF
!, to have such wrongs righted.
! "The court here will make some re-
marks about the testimony of paid pO-
lice informers. You are cautioned that
such testimony is the weakest kind OF
evidence. While you may believe it,
you should receive it with the greatest
> caution These informers are paid to
I render their information. In no other
place that I know of except the Hawai-
ian Islands are there such conditions. -
The court further instructed the jur-
Crs that they might appoint a clerk
and gave instructions as to the max
ing of indictments and voting on them,
z and as to proceedings In the jury room.
a As Deputy Attorney General Cathcart
was busy with the George Wade case,
the jury was excused until tomorrow
morning.