The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-08-08
CHARGE TO
GRAND JURY
Gear Makes a Joke
OF Judicial
Expenses.
Trom wednesday,s paI,l

]
/ His usual sensational statements were
lacking and The court contentcd itself
In dealing only with the formal duties
of grand jury, adding a 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
lack of funds. He referred joklngly to
the charge of exuavagances made
against the circuit court and invited
the jury to come into his chambers
and make an investigation of the ex-
penditsres made by him.
| George Kluegel was appointed fore
man and Nigel jackson. will act as
bailin to the grand jury, Emil Ney,
formerly Gears bailif is still basking
In the sunshine of Judge Littles smiles
/ in Hilo.
In substance the charge made by
! Judge Gear To- the grand jury was a.
follows: Gentlemen OF the jury. Tn
der the United States constitution no
person can be held for a capital or
ment by grand jury. a grand jury has
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 It is
for you to judge whether, after hear
ing the evidence for the prosecution.
without pebuttal there is probable
cause for conviction by the trial jury.
You gentlemen are not sitting as a 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 a man guilty, though a
number of people seem TO think SO; IL
| Is not 40, 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
Il man personally, OF he ~ 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,
Judge Gear then proceeding with his
charge. He gave some general direc-
tons as to the number required Tor IN
| dictment, the necessity for secrecy in
the proceedings, and the need of tn"
presence of as many Jurors as possible
each day. Then he continued: You
are an inquisitorial body, as well AZ
|
at liberty to investigate causes OF
public nature which may cry Tor re-
! lief. ! know of no special inVestiga-
| ton which is required at TINS time
but you are at liberty to Investigate
any pubic once or any puplc ihstltu-
! ton. Any member or the grand jury
who 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 juries are now on hle in THIS
court, and may be referred to for the
purpose Of further recommendations,
| Undoubtedly none or the things recon-
mended have been done by the authori-
ties responsible.
1T is condition and not theory
that now confronts us. There Is not
much money in the puolc 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 IL due ] suppose to the
eXtravagances OF the circuit judges, ac-
cording to report; the grand jury may
investigate these Things ana can come