The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-02-03
CHARGE TO
GRAND JURY
Continued from Page 81

such Investigations reaching the accus-
ed. Neither has the accused any right
to be present before the Grand Jury,
either personally or by attorney; nor,
as a matter of right, can witnesses in
his behalf be heard by you; nor have
you power to summon the accused be-
fore you to testify in support of the
charge against him. This humane in
junction is in accordance with the die
tates of natural justice and the con-
stitutional guaranty that no one shall
be called upon to testify against him
self: and witness before a Grand Jury
cannot be required to incriminate him
self But, such accused person, if a
witness before you, may incnminate
himself if he chooses to waive his
rights. However, in any case, and to
the end, only, that truth and justice
and sufficient reason to suspect in
sanity on the part of the accused, or
any other exculpating fact, or that the
charge before you is groundless and the
accused innocent, then you ought to call
for the evidence of these facts. You
WILL therefore, strictly observing what
the Court has just stated to you upon
this point, receive all the evidence pre-
sented which may throw light upon the
case or matter under consideration.
cence or guilt of the accused. And fur
thsrmore, if in the course of your in
quiries in a case or matter, particularly
where the evidence already produced
fails to satisfy you of the truth of the
charge sufficiently to warrant a deter
mination thereof, and in the considera-
ton of which evidence so produced yy1i
have good and sufficient reason to be-
lieve that there is other evidence, not
presented to you, within your. reach.
which would qualify or explain away
the charge under investigation, it will
be your duty to order such evidence to
be produced.
It is contrary to common sense and
natural justice that an innocent person
should be indicted when you have suf- |
fcient reason TO believe that there is |
other evidence, not presented to you, |
but within your reach, which would |
qualify or explain away the charge I'M
der investigation. However, regardless
of the nature of the case or matter be-
fore you, or the circumstances under
which the same may exist, you must
not lose sight of the fact that your pro-
ceedings must be wholly ex parte, and
not a trial of the case. A Grand Jury
is an informing and accusing tribunal
only. Otherwise expressed; you con-
stitute preliminary tribunal, and you
are furnished with inquisitorial powers
only for the purpose of examining into
crimes, alleged or otherwise, and mat
ters incident thereto, solely with view
leading to the conviction and punish
ment or prevention thereof You do
not, nor have you power, to convict or
acquit a person accused of crime Your
province and your sole duty in this be-
half, is to consider whether there is
IT is not probable cause to believe that
| trial jury would, upon the evidence
ldduced before you, convict the accused
If the offense with which he is charged.
f you consider that there is probable
.ause to believe that a trial jury would,
lpon the evidence adduced before you,
onvict the accused of the offense with
which he is charged, then you must find
A true BILL" and direct the Attorney
or his deputy. to prepare the