The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-02-03
CHARGE TO
GRAND JURY
De Bolt Refers to
Epidemic of
Crime.
No Investigation of
Officers Is
Needed.
w. w. Dimond Is Foreman of the |
Grand Jury Which Will
Begin Work Today.


the jury will begin it's work this morn
) ing. Special stress was laid by the court
: upon the prevailing epidemic of robber-
les and thefts in Honolulu, and strict
) economy was also urged upon the jurors
in the pursuit of their Investigations.
The court appointed as foreman w.
w. Dimond, and W. S. Ellis will act as
bailiff. Half a dozen jurors were ex-
cused by Judge De, Bolt, and three
were not present, so that the jury as
now constituted is composed of but
fourteen members, a very small number,
as a vote of twelve is required to indict.
Attachments were issued for John EN-
meluth and George w. Hayselden, and
they reported during the afternoon that
they had been served for today instead
of Monday
In his charge Judge De Bolt gave an
interesting sketch of the origin of the
grand jury, it's powers and duties.
Among other things, the court said: |
You should fearlessly and unhesitat-
ingly proceed and act upon the abso-
lutely essential and Indispensable prIn-
ciple that no guilty person shall escape
just punishment, and that no innocent
person shall suffer an injustice at your
hands. In courts of justice, of which
community appear upon plane of alb
sOlute equality, each as a unit of So
ciety, and each alike impartially cloth
ed by the hand of justice with the same
rights. Each and all alike may invoke
the protection of the law of the land,
which stands as a guaranty that 10
person shall be deprived of life, liberty
or property without due process of law.
While the law, with it's strong arm :
thus protects, it also with like power :
commands that its mandates shall be
observed and obeyed by all. Under
the constitution of the United States, 2
which is the supreme law of the land
no person in the Territory of Hawaii n
shall be held to answer upon a charge a
for capital, or otherwise infamous
crime, unless on a presentment or in 4
lictment of grand jury, except in GER
ain cases under conditions which do
lot now exist.
A capital crime is one punishable
With death. An infamous crime is one
by imprisonment for a pc
iod of time exceeding one year, or such
or the commission of which the ac-
used may be deprived of his civil
lights. Under the act organizing this
territory, the number of grand jurors
hall be not less than thirteen nor more
han twenty-three, and no Indictment
hall be found, nor shall any present
lent be made, without the concurrence
at least twelve grand jurors. You
ill thus observe, Gentlemen of the
rand Jury. that, although the concur
eace of only twelve grand jurors are
ssential to the finding of an Indictment
:. making a presentment, still, the law
'quires that at least thirteen of your
embers shall at all times be present
constitute a grand jury, and for tile
ansaction of any business by you.
The Attorney General, or his deputy,
all advise you in regard to the law
the cases and matters that come be-
re you. and draw the indictments,
It, neither the Attorney General nor
5 deputy shall give the Grand Jury q
vice as TO the suficiency or INSULT
sncy of the evidence to authorize the ~
ding of an Indictment, nor take part
your deliberations. Your findings
d determinations upon facts and evil
nee must be your own. uninfuenced 4
the promptings or suggestions of
Y person or persons whomsoever. 4
vestigations before a Grand Jury
lst be made in accordance with the
Fiesta blished rules of evidence; and,
governing your final action in the
alter of finding an Indictment, you
Ist have the best legal proof of which
? case admits. That is 10 say. you
Ist have primary evidence as distin-
ished from secondary evidence. IniH
IS respect a Grand Jury is judicial
bunal. Nevertheless a Grand Jury
not controlled by technical rules Of