The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-11-20
NJ fRAUU
is FOUND
Grand Jury Report
Upon the Oahu
Election.

A unanimous report of the grand jury
of the First Circuit Court was present.
ed before Judge Gear yesterday morn
ing, finding that there was no founda-
ton for the charges of fraud prefer
red in a secret document filed by c. w.
Ashford, attorney and defeated candi-
date for supervisor.
This report Is called a majority report
below for purposes of identification,
because three of the members signing
1t presented n minority report entirely
repudlating the findings that they had
Joined their colleagues in making.
Double minded men like these may not
be rare, but they are an element not
usually desired in jury panels.
Judge Gear ordered the reports plac-
ed on file and granted a request to eX-
cuse the grand jury until Monday No
vember 30. When Deputy Attorney
General Peters suggested to the court
that there were no important matters
for the grand jury to consider in the
meantime, Judge Gear took issue with
him in an undertone of something,
probably, that required to be investi-
gated.
The reports, of the grand jury are
here printed:
MAJORITY REPORT.
In the Circuit Court of the First Ju-
dicial Circuit, Territory of Hawaii,
September. 1903, term. Hon. Geo. d.
Gear, presiding.
In the matter of the grand jury, in
and for the above entitled court and
term.
Third Preliminary Report.
To the Honorable George d. Gear,
Second Judge of the First Court, Terri
tory of Hawaii, presiding:
Your above named grand jury having
heretofore, to wit. on the 18th day of
November, 1908, been duly charged by
your Honor to investigate election
frauds alleged to have been committed
within the island of Oahu and the jul
risdiction of this honorable court, ct
and concerning the special election of
officers for the county of Oahu, on the
3rd day Of November last; and having
been given in hand a communication
of C. w. Ashford, Esq, to your Honor,
containing particular charges of cleo
ton frauds and misdemeanors, retired
proceeded with the consideration there
of.
The grand jury first considered par
ticularly the charges as contained in
the communication of Mr.. Ashford,
and summoned before it the witnesses
whose names were contained therein,
as well as others who We're suggested
during the course Of their examination.
From the evidence adduced by means
of witnesses we are enabled to report:
!. Impersonation of voters. r.
Two charges of alleged impersonation
of voters, and resulting illegal voting,
We're found to be unfounded in fact
and the evidence of the witnesses tes-
tifying in relation thereto mere hear
say. Further, in two cases it was
found that Illegal voting had been in
dulged in but the identity o. the Of
tenders was conflicting and seems TO
have been done only after careful eX-
animation by the inspectors present at
the time of the commission of the al
legged offense, and mala fides on the
part of said inspectors does not appear.
Evidence before this grand jury dis
closes the fact that at several polling
places attempts were made by persons
to this grand jury unknown to vote
in the name of other persons living but
absent from the Territory, and in all
instances the person so attempting to
vote was Immediately evicted from the
booth by the inspector.
g Alleged rejection of ballots by |
making thereon marks of Identification |
with linked fingers.
Your grand jury particularly investi-
gated the charge of improper identi-
fication marks thereon with linked fin
gers by the inspector of election count
ing the ballots. And we are enabled TO !
report that the ink marks and marks
of identification by means of ink ap-
peared to be the result of carclessness
of voters at the time of marking the
ballots. In many instances ink marks
We're the result of soled shelves in
voting compartments. While many
ballots We're properly rejected through
reproduction of the ink marks made
by the voter in the folding of the ball
lot. And in view of the above facts
this grand jury strongly suggests that
ink stamps be eliminated from future
elections. Your grand jury made an
examination of ballots rejected for the
reason of ink marks and Identification
marks contained thereon in the 7.h
precinct of the 5th district, and We
ind that the proportion of Home Rule
and Republican ballots rejected bears
the same ratio as the proportion of
Home Rule and Republican votes cast,
and that therefore such rejection OF
ballots would have had no effect gen.
orally upon the result of election in
hat precinct.
3. Discharge of employees for political
reasons.
We find this charge absolutely I'M
and in the case OF Government,
that their discharge was due
10 the fact of the financial condition
II the Territory.
Your grand jury' further desires to
-pDDrt that irrap,,la IN ana ,np