The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-10-20
JUDGE KALUA's CHARGE
Gentlemen of the Grand jury:

| Gentlemen or the Grand jury:
| You are called here, under our system
of law, primarily to investigate charges
| of serious nature that may be made
against individuals in our community.
| Our law demands that these charges,
before a man can be put upon his trial,
| must be substantiated to your salts
faction, which is evidenced by the find
| ing of an Indictment, or true bill,
against the party charged.
Witnesses will be brought before you
| in each case, and if you are of the opin-
| ion that a jury would convict on the
| testimony You will find a true bill. You
are not permitted to find a bill upon
suppostion or speculation, but every
element of the crime charged must be
proved. 1t matters not how strongly
you are of the opinion that a person
may be guilty of crime, every element
of the crime must be proved to your
satisfaction. This satisfaction is not
the reasonable doubt that applies to the
petit jury. After you have found an
indictment the case is tried before the
petit jury, which must be convinced of
the guilt of the person indicted beyond
a reasonable doubt. You should not,
in any case, bring the person charged
with crime before you for examination.
If such person wishes to appear before
you you may permit him to do so, but
should first warn him that his state
ments may be taken against him, and
be thoroughly satisfied that he under
stands what he is doing and does it
voluntarily.
In the matters before you every link
in the chain must be satisfactorily es-
tablished. You cannot find true bill
against a man where the evidence fails
directly or circumstantially to connect
the person charged with the offeuse.
On the other hand you must not permit
any one who is charged before you, to
escape for any reason whatever. ex-
cepting that you believe that there is
failure of evidence to connect him with
the crime charged. Fear, favor, pref
udice and Partially must find no lodg-
ment in your deliberations. The high
and the low must be treated with the
same consideration.
You will observe that only such per
sons charged with the commission of
crimes, the punishment for which is in
famous, Will receive your attention.
You viii not be called upon to find any
bill against any persons charged with
misdemeanors: our law has provided
that such matters may be heard in the
district court, and If parties consider
that they are improperly convicted
they have the right to appeal to jury
The second reason for the grand jury
system is, that the citizen has the
right to investigate all matters relat-
ing 10 the administration of public af-
fairs. No department of the govern
ment is beyond your reach. Wherever
there may be suspicion of irregularlty
you have right TO summon before you
any and all officials whom you have
reason TO believe can throw light upon
the matter, with the books and papers
of their office, and for this purpose you
can divide yourselves into committees, |
which would have to report to the main |
body, however, and the entire grand |
Jury would have to act upon the re- |
port.
/ VIII hand you, as you retire, a copy |
of the rules OF court with reference to |
grand juries, which WILL believe, give
YOU all the instructions which you need
during your deliberations. If. however
you should be in doubt as to what
course to pursue in any matter before
you, you have at all times the right
% apply to the court, who will give you
'urther instructions.
This scope OF your Investigations Is
practically unlimited. There is one
hing that / would impress upon you,
md that Is for absolute secrecy. What