The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-19
JUDGE KALUA ACCUSES
THE WA|LUKU POLICE
He Instructs the Grand Jury to Investigate
Common knowledge Of immortality Of
Polieemen-0ther Court Proceedings.


Term of the Second Circuit Court con-
vened at 10 o'clock on Wednesday
morning, October IA, Judge Kalua pre-
siding. Immediately after the opening
of the term the roll call of the grand
jury was called, after which the court
charged the jury.
Judge Kalua's charge. given in full
below, is sensational from its accusa-
ton of immortality, upon the strength
of common knowledge" made against
the Waikiki police force,
On Friday the grand jury made
partial report of their doings, after
which they were excused until next
Thursday morning owing to the illness
Of r. c. Searle, their foreman, who
has been advised to go to Paia hospital
to undergo an operation.
The case now on trial is that Of Imai
(Jap). charged with embezzlement.
T. K. Pa, resident of Huelo, has
been admitted to practice law in the
| lower courts of this circuit.
Lawyer Coke is still confined to his
bed and all the cases in which he is
| interested have been postponed until
| Monday, when he expects to be out.
Trial jurors in attendance are the fol-
| lowing: VIM. Anahu, ]. ]. Camara, T.
M. Church, j. C. Flores, Chas. Haul,
VIM. Henning. J. K. Kahookele, Jonah
| Kaiwiaea, Jno. Kaluna, E. NJ. Keeney,
L. Mahi j. A. Nein. w. s. Nicoll. VIM.
| Searle, F. Sommersfeld, ]. Schulmeis-
| ter, David Taylor, Jr., Geo. Trimble,
H. B. wilkins.
| officers of the court are as follows:
j. A. Magoon, Deputy Attorney Cen
| eral: L. NJ Baldwin, sheriff of Maui:
L. r. Crook, clerk; ]. A. Thompson
acting reporter; w. ]. Coelho, Hawai-
| ian interpreter; Chang Kim, Chinese
interpreter; VIM. McGerrow, japanese
interpreter.
JUDGE KALUA'S CHARGE.
Gentlemen of 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 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 yor
in each case. and if you are of the opin.
ion that jury would convict on the
testimony you will find true bill. Yor
are not permitted to find a bill upor
superstition or speculation. but every
element of the crime charged must be
1 proved. 1t matters not how strongly
you are of the opinion that person
may be guilty of crime, every element
of the crime must be proved to your
satisfaction. This satisfaction is moi
the reasonable doubt that applies to the
petit jury. After you have found ar
| 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 1t
/ voluntarily
In the matters before you every link
in the chain must be satisfactorily es-
| tablished. You cannot find a true bill
against a man where the evidence fails
| directly or circumstantially to connect
| the person charged with the offense.
| 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 a
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 win 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