The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-01-04
GRAND JURY
ONCE MORE
New Body Gets Orders
and Goes to
Work.

The new Territorial Grand Jury wa
impanneled by Judge Robinson yester
been properly excused being on hanc
except Kolomoku For him a bench
warrant was issued. The jury, as i
was finally constituted, consists of !
Livingston doreman), A. j. Smithies
Fred Goudie, Pierre Jones, E. L. Doyle
! Albion F. Clark, T. H. Kennedy, Man
uel Leal, A. II. Jones, j. P. Mendoza
Pat McGrath, A. E. Murphy, Charles
Schoellkopf, I. Rubinstein, A. L. Lung
gren, F. L. Johnson, Hiram Kolomoku
j. H. Defries.
w. H. Hogs and F. S. Dodge were
excused for the term. Juror Goudie
was excused until the 3Oth, Juror De-
fries until February IL. and Juror Ru-
binstein for a 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 a 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 for
a capital or otherwise infamous crime
unless on presentment or Indictment of
a 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
It 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
your 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 sub
n1itted 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 a conclusions solely, upon /
tine testimony of those who are inter |
ested or likely to be interested in secur |
ing the indictment of persons charged I
with the commission of public offenses.
cannot charge you too strongly to
weigh well the testimony and evidence
adduced before you before finding and
bringing in an indictment against any
person charged with the commission of
a public offense within this circuit. Ig-
norant. INSCRIPTIONS and yindictive
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, charg-
ing him with the commission of a pub
lie offense as a means to an end in the
qualification of a personal spite or In
avenging some private wrong by an
of existing facts or by
actual perjury.
It is the province and duty of a
Grand Jury, as well as that of q trial
jury, to carefully scan the testimony
of witness appearing before it in
order to arrive at a correct conclusion
as to it's truth or falsity, and in a1riv-
ing at this conclusion you are at lib
erty to take into consideration not only,
the statements of the witness, but his
of testifying and his appear
ance on the stand, as well as the in
y. -lot1s
his testimony.
In this jurisdiction it is your duty
% disregard and ignore any charge i'm
putting TO any person the commission
ii a public offense, unless you find that
here is probable cause to believe that
. trial jury would, upon the evidence I
weighed and considered in ;
he manner that have indicated con-
net the accused of the offense charged.
At the common law ard under our
,ractice as well. the oath of one credi- {
lie witness testifying to the existence ,
f such fact, is sufficient in all cases,
Except treason and perjury, TO prove
my fact in issue. Additional evidence t
f the same kind, tending to prove the
anne fact, is cumulative evidence and !.
additional evidence of a different kind
ending to prove the same fact is cor
oborativc evidence. Cumulative evil '
ence is ALWAYS Objectionable and how I
yer necessary or desirable corrobora-
i've evidence may be in the actual trial
f a criminal cause before a trial jury,
has no place in the unilateraI and ex Y
arte Investigations of Grand Jury. s
he production of more than one wit t
ess to prove a given fact or state of !,
acts. if you give the testimony of such
fitness fun weight and credit, and
hitch alone would. in your judgment, il
Istify you in finding that there is I
robable cause TO believe that trial =
Try would convict the accused upon
le crime charged, is an unnecessary =
nd unconscious bic tax upon the time :,
nd patience OF Grand Jurors and the =
nposition of an unjustifiable cost up =
n the taxpayers of this circuit, be- :,
luse and by reason OF the additional ;.
ne uselessly consumed and additional / =
,pense needlessly incurred. If, there =,
re in any matter brought before YOU 1 =