The Hawaiian gazette., 1905-01-06

charged, IL is your duty 10 so ADVISE
the Attorney General or his deputy, In
order that your sessions may not be
needlessly protracted by the calling of
additional witnesses or by the pro- luc-
tion of additional testimony.
The usual nerhod of initiating pro-
ceedlngs in a criminal case is by what
is called a preliminary examination"
of the accused before a magistrate,
where he can be confronted by his ac-
| cuser, ss-examine him and also the
witnesses produced by him. and have
| the benefit of counsel. This method
presents to the citizen the greatest Sc
| curity against false accusations, and
ought not to be departed from unless
| the public welfare demands such de-
parture.
Your oath advises you of the impair
tial spirit in which your duties should
be discharged. You are to present no
one from envy, hatred or malice; nor
| shall you leave any one unpresented
for fear, favor. affection, gain, reward
or hope therefor, but will present all
| things truly as they come to your
| knowledge, according to the best Oh
your understanding.
Az allusion has been made to pre-
, sentiment or Indictment by grand
Jury. / consider 1t advisable to briefly
call your attention to the distinction
| between n presentment and an indict-
ment An indictment is formal accu-
| sation made by the grand jury charg-
ing a person with the commission OF
public offense, while presentment Is
an informal accusation usually found
by the grand jury upon their own
knowledge, or upon the evidence before
them. presentment is wanting In
| technical form and has fallen into dis
use since the practice has prevailed for
| the prosecuting officer to attend the
| grand jury and advise them in their
| Investigations.
Gentlemen, the Attorney General, or
his deputy, will examine all witnesses
who may appear before you, but you
may also examine such witnesses II
you deem it NECESSARY. You must ex-
clude all persons. including the Attor-
ney General, or his deputy. from your
presence and hearing while you are
| celebrating and voting upon any ques-
ton which may have been brought be-
fore you. During the deliberations and
vote Of the grand jury, no person, not
n member of the grand jury, may be
present. An indictment found by you
may be set aside If this rule is violated.
| 1t is the duty of the Attorney Cen
eral or his deputy, to advise you as to
the law applicable to any particular
state of facts involved in any matter
pending before you. II, in any case
you find an indictment, 1t will he the
duty of the Attorney General, or his
deputy, to prepare it for you at your
| request.
You will hear the witnesses for the
| prosecution, or as many Of such wit
nesses as you may deem expedient OF
/ necessary, and If, in your Judgment,
keeping in mind the instructions of the
court in reference to the consideration
to be given to the testimony of each
witness, the evidence of such witness
es, unexplained and contradicted,
would warrant conviction by trial
| jury, 1t will be your duty to find al in
dictment. You will not permit accused
| persons, or their attorneys or Witness
es to appear before you OF permit them,
| or any other person whomsoever, to
| speak to you on the street or elsewhere
in regard to any matter or thing you
may be investigating or have under
consideration. The oath which you
have taken obliges you to keep all of
your proceedings secret and you Should
constantly keep in mind the obligation
of your oath. 1t is the policy of the law
that inquiry on the part of n grand
jury as to the innocence or guilt or a
person accused of crime should be Sc
cretly conducted. AS was well said by
an eminent iurist in reported charge
to grand jury, Great injustice and
injury might be done to the good name
and standing of a citizen. II It were
known that there ever had been before
you for consideration the question of
his guilt or innocence of a public Of
/ fense." At the common law a grand
juror disclosing evidence before the
jury, was made an accessory to the Of
! fense, If felony other than treason. or
! II treason, principal.
While IT is your privilege and right
| W inquire INTO tne management and
/ conduct of public institutions, situated
! In this circuit, under Territorial con-
troll, 1t is not your duty to do so unless
! some specific charge of gross misman-
agement or malfeasance in office on the
/ part of the officers or employees of
some particular institution is called to
your attention.
Immediately after the jury had been
charged, 1t retired to the throne room
at the Capitol building, so lately va
Gated by its predecessor, and went to
work. 1t is expected that 1t will make
general criminal clean up.
MANDAMUS AGAINST HOLLOWAY
Before Judge Robinson yesterday
the hearing of the alternative writ OF
mandamus in the case of the Hawai-
ian Dredging Company against Su-
perintendent of Public Works Hollo-
way was begun. Walter Dillingham;
president of the company, took the
stand and gave testimony with regard
to the contracts and the conversations
which he and Holloway had had on the
subject. He stated that he had beer