The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-06
CHARGE To
GRAND JURY
Gear Makes a Joke
of Judicial
Expenses.
STILL HOPES FOR
SPECIAL SESSION
Usual Sensational Features Are
Lacking in Charge to the
August Jury.

| was charged by Judge Gear yesterday
His usual sensational statements were
Hacking, and the court contented itself
of a grand jury, adding few side re-
marks on the condition of the public
treasury and the possibility that the
August term may be brought TO an end
before the required time, by reason of
Hack of funds. He referred jokingly to
the charge of extravagances made
against the circuit court and invited
the jury to come into his chambers
and make an investigation of the ex-
penditures made by him.
| George Kluegel was appointed fore
man and Nigel Jackson, will act as
bailiff to the grand jury; Emil Ney,
formerly Gears bailiff is still basking
| in the sunshine of Judge Little's smiles
in HiIo.
In substance the charge made by
Judge Gear to the grand jury was as
follows: Gentlemen of the jury. I'm
der the United States constitution no
person can be held for capital or
other infamous crime without present
ment by grand jury. A grand jury mas
become necessary in this Territory,
since annexation, the organic act pro-
viding that the provisions of the con-
stiution should be followed out You
are, as members of the grand jury
charged to investigate cases brought
before you by the Attorney General
who is the prosecuting officer, and IL is
for you to judge whether after hear
ing. the evidence for the prosecution,
without rebuttaI, there is probable
cause for conviction by the trial jury.
You gentlemen are not sitting as trial
jury, because you hear only one side
of the case. and you do not convict
man; an Indictment does not mean
the finding of man guilty, though a
number of people seem to think 50; it
is not so, but merely form which
must be gone through before a man
may be presented for trial in the cir
cult court
You are charged also not to present
an indictment for malice or hatred tow
ards anyone, or because you do not like
man personally, or he is opposed to
you politically"
At this point in the proceedings there
was an interruption, because OF the
neglect of the court to swear the jury
men. and this service was performed,
u
charge. He gave some general direc-
lions as TO the number required for in
dictment, the necessity for secrecy in
the proceedings, and the need of the
presence of as many jurors as possible
each day Then he continued: You
are an inquisitorial body. as well as
a body to find indictments. You are
at liberty to investigate causes of
public nature which may cry for re-
lief. l know of no special investiga-
ton which is required at rhis time
! but you are al liberty to investigate
any public Office or any public institu-
ton. any member OF the grand jury
VINO knows of any abuses may call
them to the attention of his fellow
members In the past former grand
| juries have made prolonged and care
| full Investigations of the various public
institutions. and made important rec
concentrations. The reports of these
grand turtles are now on file in this
court, and may be referred to for the
purpose of further Recommendations.
| Undoubtedly none of the things recon-
mended have been done by the authori-
ties responsible.
III is a condition and not theory
| that now confronts us. There is not
much money in the public treasury, l
don't know whether there is anything,
and we are on the verge of bankruptcy.
| at least as far as the circuit court is
concerned. This is due l suppose to the
extravag ances of the circuit judges, ac-
cording TO report; the grand jury may
invest gate these things and can come
into my chambers and look at the fine
furniture purchased by myself, il il
wishes. But regardless of the way
this was done, there is no question but
that the appropriation is woefully in
sufficient, and we may not be able to
keep the court open for the whole
term.
Il would call the attention OF the.
grand jury then. to the men now in
Jail, some thirty OF forty, who are
awaiting your action. 1t was absolute
~ essential that the grand jury be call
ed at this time to investigate these
cases, in order that they may be either
released or an Indictment returned
against them.
II do not know of anything in the
community at the present time which
requires attention, unless perhaps it is
politics. but that is outside of your
line. You will devote yourself therefore
to criminal cases and get through as
quickly as possible. in order to reduce
the amount that would otherwise be
expended in holding the term. A num-
Der OF the criminal cases have been
continued until the November term.
but I don't see how they are 10 be tried
or heard at that time 1 haven't seen
any notice in the newspapers OF an in
tention to call a special session of the
legislature. and I don't know whether
there will be a November term or not"
The grand jury began its labors i'm
mediately yesterday morning, taking up
quarters in the new court room, which
was formerly used as chambers by