The Hawaiian gazette., 1905-01-06
GRAND JURY
ONCE MORE
New Body Gets Orders
and Goes to
Work.
tFrom wednesday.s Advertlserl

impanneled by Judge Robinson yester-
day morning. all save those who had
been properly excused being on hand
except Kolomoku. For him a bench
warrant was issued. The jury, as it
was finally constituted, consists of l..
Levingston Qoreman), A. J. Smithies,
Fred Goudie, Pierre Jones, E. l.. Doyle
Albion F. Clark, T. II. Kennedy, Man
uel Leal, A. II. Jones, ]. p. Mendoza,
Pat McGrath. A. E. Murphy, Charles
Schoellkopf 1. Rubinstein, A. l.. Lung
gren, F. L. johnson, Hiram Kolomoku,
]. II. Defries
w. II. Hoogs and +. S. Dodge were
excused for the term Juror Goudle
was excused until the 30th, Juror De-
fries until February II, and Juror Ru-
binstein for week.
After the jurors had been sworn in
they were charged by Judge Robinson
as follows:
Gentlemen of the Grand Jury: You
have been summoned before this court
to serve and act as Grand Jurors and
TO constitute q Grand Jury in this cir
cult, at the present term of this court,
in compliance with and in obedience
to the mandate contained in the fifth
amendment to the Constitution OF the
United States expressed in these words:
mo person shall be held to answer Tor
a capital or otherwise infamous crime
unless on presentment or indictment oil
n Grand Jury, except in cases arising
in the land or naval forces, or in the
militia, when in actual service In time
of war or public danger"
1t Is your duty, under your oaths as
Grand Jurors, to diligently inquire into
and true presentment make of all such
matters and things as shall be given
YOU in charge, or that may come to
ycur knowledge touching this present
service. Included within the scope of
your duties as Grand Jurors are those
matters to which the court shall direct
your attention, or which may be SUD-
mitted to your consideration by the At
torney General or his deputy, as also
all other matters which shall come to
your knowledge, that is, such knowl-
edge as is acquired from and based up
on the evidence adduced before you, or
from your own personal observation
and not the information derived from
unfounded report
Because of the partial character of
your Investigations in hearing only,
and arriving at conclusions solely, upon
the testimony of those who are inter-
ested or likely to be interested in secur-
ing the indictment of persons charged
with the commission of public offenses,
L cannot charge you too strongly to
weigh we'll the testimony ana evidence
adduced before you before hndlns ana
bringing in an Indictment against any
person charged with the commission Oh
public onense WITHIN thls circuit ls-
norant, unscrupulous ana VindlcuNe
persons are prone to resort to this
branch OF the judicial power TO endeaV-
or to procure the presentment or IN
dictment OF an innocent person. charS-
ing him with the commission of pub
lie ohense as means TO an end IN the
qualification OF personal spite or In
avenging some private wrong by an
eNaSgeration of existing Facts or by
actual perjury.
1t Is the province and duty OF a
Grand Jury, as well as that OF trial
jury, to carefully scan the testimony
OF witness appearing Deiore IL IN
order to arrive at a correct conclusion
as to its truth or falsity, and in arriV-
ing AZ this conclusion you are at lib
erty to take into consideration not only
the statements of the witness, but his
manner of testifying and his appear
ance on the stand, as we'll as the in
herent probability or improbability of
his testimony,
In this Jurisdiction II is your duty
to disregard and ignore any charge i'm
putine TO any person the commission
of a nuhIic orfense unless Won find that
there 20 nrohabIe cause 10 belieye that
d. trial iurv would upon the evidence
o5ducea watched and considered in
Tho manner tbot have indicated con-
yict ,ba accused of tho orfense charged.
Al tho comror law ard under our
rractIca 40 we,I the oath of one credi-
bIe witness testifving N the existence
of such A.. foot 20 suf5cient In all cases
excent treason and nariurv to prove
any fact in isspa Additional evidence