The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-01-04

able cause to believe that trial jur-
would convict the accused of the Grim
charged, it is your duty TO so advis
the Attorney General or his deputy, il
order that your sessions may not b
| needIessly protracted by the calling o
| additional witnesses or by the pro1ue
ton of additional testimony
The usual method OF initiating pro
| ceedings in a criminal case is by wha
is called preliminary examination
of the accused before a magistrate
where he can be confronted by his &C
cuser, cross-examine him and also thu
witnesses produced by him, and have
the benefit of counsel. This method
presents to the citizen the greatest Sc
cur1ty 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
/ tiaI 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 of
your understanding
| As allusion has been made TO pre-
sentiment or indictment by a grand
! Jury. I consider it advisable to briefly
| call your attention to the distinction
| between a presentment and an indict-
me1at An indictment is formal accu-
sation made by the grand jury chaTg-
| ing a person with the commission of a
public offense, while a presentment is
an informal accusation usually found
by the grand jury upon their own
knowledge, or upon the evidence before
them a 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, viii 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
a 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. IT, in any case, |
you find an indictment, it viii be 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
liesses as you may deem expedient Oh
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 a conviction by a trial
Jury, it will be your duty to find an in
1ictment. You viii not permit accused
persons, or their attorneys or Witness
Dr. any other person whomsoever, to
speak TO you Oil lIlG STREET. OF elsewhere
N regard to any matter or thing you
may be investigating or have under
The oath which you
nave taken obliges you to keep all of
FOUR proceedings secret and you should
constantly keep in mind the obligation
# your oath. 1t is the policy of the law
hat inquiry on the part of a grand
ury as to the innocence or guilt or a ,
person accused OF crime should be Sc ,
,retly conducted. AS was well said by | {
IN eminent jurist in a reported charge
o a grand jury, Great injustice and y
injury might be done to the good name I
md standing of citizen, If 1t We're
lnown that there ever had been before
,ou for consideration the question of
lis guilt or innocence of a public Of
ense." Az the common law a grand
JUROR disclosing evidence before the
ury, was made an accessory to the Of
ense, if felony other than treason or !
treason, principal.
While it is your privilege and right
o inquire into the mana cement and s
onduct of public institutions, situated | y
n this circuit, under Territorial con-
rol, it is not your duty to do so unless q
ONE specific charge of gross misman- I
cement or malfeasance in office on the
art of the officers or employees of !
ONE particular institution is called to :
our attention. g
Immediately after the jury had been 8
harged, it retired to the throne room t
the Capitol building, so lately va =
ated by its predecessor. and went to
'ork. 1t is expected that it will make
general criminal clean up. Z
AGAINST HOLLOWAY. S
Before Judge Robinson yesterday, =
1e hearing of the alternative writ of
in the case of the Hawai- te
n Dredging Company against SUI p
of Public Works HoIIo-
ay was begun. Walter Dillingham;.
resident of the company, took the =,
and and gave testimony with regard
the contracts and the conversaTi ions m