The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-11-04


that the evidence which you shall give
before the Grand Jury shall be the
truth, the whole truth, and nothing but
the truth, and that you will keep secret
all matters and things which may come
to your knowledge by reason of your
appearance or testimony as a witness
before this Grand Jury, Sc help you
Cod
The Attorney General, or his deputy,
or any member of the Grand Jury may
interrogate witnesses appearing before
you. The Attorney General, or his dep
uty, shall advise the Grand Jury in
regard to the law of the cases that
come before you, ard draw the indict-
ments, but, neither the Attorney Cen
eral, nor his deputy, should give the
Grand Jury advice as to the sufficiency
of the evidence to authorize the finding
of an Indictment, nor take part in your
deliberations.
Investigations before a Grand Jury
must be made in accordance with the
we'll established rules of evidence.
Governing your final action in a mat
ter, you must have the best legal proof
of which the case admits. In this re-
oPISI q va anu cdi 10 a JooASlul III
tunal Nevertheless a Grand Jury
is not controlled by technical rules of
evidence. A Grand Jury should receive,
in final conclusion, none but legal evil
dencc, to the exclusion of mere reports,
suspicious, and hearsay evidence; nor
should you hear and take into consid
Grafton irrelevant or immaterial evil
denee. Neither should the time of the
Grand Jury be unnecessarily consumed
in receiving cumulative evidence. If,
in the course of your proceedings, any
case or matter should come before you
in which any individual juror or jurors
shall be Interested, thus disqualifying
him or them, he or they shall not par
ticipate in the consideration of such
case or matter, but withdraw there
from.
An official interpreter may be pres
ent a the examination of witnesses be-
fore the Grand Jury, whenever his ser
vices may be required.
Except the Attorney General, or his
deputy, the official interpreter, and wit
nesses under examination, no person
shall be permitted to be present during
the sessions of the Grand Jury.
No person except the members of the
Grand Jury shall be permitted to -
present turing the expression of your
opinions, or the giving of your votes.
1t would be highly improper for you to
discuss among yourselves outside of
the Grand Jury room any case or mat
ter which may have been submitted
or which may be pending, or which
may or might come before you for con-
sideration. Neither should you permit
any person to discuss with you, or any
of you, any such case or matter.
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 Jury
have no power to summon the accused
before than.
However. that truth and justice may
prevail, and to that end only, if the
Grand Jury should have good and suffi-
Gent reason to suspect insanity on the
Part of the accused, or any other eX-
culpating fact or that the charge is
groundless and the accused innocent,
you ought to call for the evidence of it.
You win, therefore, strictly observing
what the Court has just stated to you
upon this point, receive all the evidence
presented which may throw light upon
the matter under consideration, wheth-
er it tends TO establish the innocence
or guilt of the accused. And further
more, if in the course of your inquiries
in a case, where the evidence already
produced fails to satisfy you of the
truth sufficiently to warrant a determi-
nation, in the consideration of which
evidence so produced, you have good
| and sufficient reason to believe that
there is other evidence, not presented
to you, within your reach, which would
| qualify or explain away the charge I'M
der investigation, it will be your duty
to order such evidence to be produced.
1t is contrary to common sense and
natural justice that an innocent person
| should be indicted when you have good
and sufficient reason to believe that
there is other evidence, not presented
| to you, but within your reach, which
would qualify or explain away the
charge under investigation. l am
aware that this is not the unanimous
view of the Courts and jUrists, but it
| is common sense and common justice.
However do not lose sight of the fact
that your proceedings must be wholly
| ex parte, and not a trial of the case.
An indictment when found by you
shall be Endorsed: a true BILL" and
such Indictment shall also be signed
| by the Foreman Of the Grand Jury An
| Indictment shall be Endorsed also by
the Attorney General, or his deputy.