The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-01-03
TO THE
GRAND JURY
Continued from page ID


and not the Information derived from
unrounded report.
Because of the partial character Of
your investiga tions i'm hearing only and
arriving at a conclusion solely, upon the
testimony of those who are interested
or likely to be interested i'm securing
the Indictment of persons charged 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 i'm an indictment against any
person charged with the commission Of
a public offense within this circuit Ig-
norant. INSCRIPTIONS and vmdictive
persons are prone to resort to this
branch of the judicial power to endeav-
or to procure the presentment or indict-
ment of an innocent person, charging
him with the commission of a public
offense as a means to an end i'm the
qualification of a personal spite or in
avenging some private wrong. by an
eXaggeration of existing facts or by
actual perjury
1t is the province and duty of a grand
jury, as well as that of a trial jury, to
carefully scan the testimony of a wit
ness appearing before it in order to ar
rive at a correct conclusion as to it's
truth or falsity, and in arriving at this
conclusion, you are at liberty to take
into consideration not only the state
ments of the witness, but his manner
Of testfying and his appearance on the
stand, as well as the inherent probable
ity or improbability of his testimony.
In this jurisdiction it is your duty to
disregard and ignore any charge i'm
putting to any person the commission
of a public offense, unless you find that
there is probable cause to believe that
a trial jury would, upon the evidence
adduced, weighed and considered in
the manner that l have indicated. con-
vict the accused of the offense charged.
At the common law, and under our
practice as well, the oath of one credi-
BILE witness, testifying to the existence
of such a fact, is sufficient i'm all cases.
except treason and perjury, to prove
any fact i'm issue. Additional evidence
of the same kind tending to prove the
same fact is cumulative evidence and
additional evidence of a different kind
tending to prove the same fact is cor.
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would convict the accused Of tha ,, DHrS
charged II is ,,o,,,. l,,4q. w INC
the Attorney General ~. bic d,,,,,t1. -,
order that vorr sassior, 49,. -
needIassI,, ,rotrootad 49,, 49,. io1
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tion of additional tosti,,,oy,. p'0''0
The usnoI noetbod ~ i,it,,4,a
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is called ..nra1i,,,ina,., ny nd.
of the accused baforo r,,aa.,ytl5,.
where he can be confronted bv bic "o
cuser. cross-exan,ina hin, a,a oi ,,' az,
Witnesses r,.oI,,aa,5 anu "i'o 'Iie
the benaft of come, Nv, ,'''l ii, "
presents to Tho lite, t,,a '-,'s i''e'iioi
curitv against faIsa oaa,,s, + i,',g7' Sc
ougbt NOT 70 bo ds,,a,,tl, '', sa ''oi'9' anu
the public welfare den,ands s,,I' -
nar+i,,a Neiii"luS Such dSEl
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