The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-11-27
JUDGE PARSONS
(Continuod from Page one.

- - - ~ - lNll ~ W.
Continued from Page One)
~ and surely upon all detected Of |
lenses. The law mitigates the severity |
OF it's punishment where the offender |
has acted suddenly i'm che heat of pas /
sion and under great provocation and,
furthermore vests in trial judges. in |
fixing penalties, a wide discretion .
which is exercised mercifully towards .
the occasional or chance offender But .
where the malefactor has been proven |
to be an habitual criminal or has been
found extensively armed in prepara- |
ton for crime. the duty of the grand |
jury, the trial jury and court, the duty |
of the police and prosecuting officer is /
to see that justice is fully meted out |
to the offender.
Among the many difficulties which !
will confront you III the performance
Of your duties the greatest. perhaps,
will be in endeavorng TO sift the truth
from the mass of testimony given by
witnesses of alien races, whose langu-
age, habits of thought and ideas of
veracity are far different from ourl
own Such testimony should be care
| fully examined with reference to the !
witnesses apparent intelligence. ability
correctly to observe and accurately re- /
! late what he has seen or heard, and
! his apparent neutrality and honesty
| The testimony of one intelligent and
| truthful witness may be accepted
against that of any number Of less
credible ones If you become convinc-
ed that any witness has deliberately
sworn falsely regarding any material
matter lawfully before you, it will be-
come your duty to indict him at once
for perjury.
You have been summoned. primar-
lily for the purpose of investigating
the commitments of district magis-
trates and other formal charges of in
dictable offenses presented to you by
the court. the prosecuting officer, and
by your own members, but your pow
ers are not limited to such investiga-
lions. The power above all others,
which gives a grand jury its peculiar
| importance III tic DbAg BNlieANs 10 AH''
power to investigate on its own ac-
count the official conduct of those
holding public Office within the juris-
diction of the court for which it acts,
with a view to indicting all who shall
be found guilty of criminal miscon-
duct in the performance of their sew
eral trusts. This power and its intel
ligent exercise act as a strong deter
rent upon tendencies towards malfeas-
, ance in office and give the grand jury
place of special prominence among
the agencies which promote good gov
eminent In making investigations
OF this kind care should be taken to
, keep well within the limits Of your
r authority. You are part of the ma
chinery of the court and your special
c function is to ascertain whether OF
: not sufficient evidence exists against
q alleged criminal offenders to warrant
accusation and trial before petit
! jury All investigations should have
that object, and that alone, in view
- "Embezzlement, bribery, compounds
ing OF felones, giving aid and assist
ance to criminals to enable them "a
escape detection, arrest trial or pun
: ishment; all come within the field o.
- your inquiry. Gross improprieties II
u the exchange by Office holders of eX
e traordinary favors calculated to EN-
e barrass them in the strict perform
&c ance of official duties unless criminal
Is are not within your province to cor
y rect
Is "The needless waste of public fund
Il through extravaganza, shiftlessnes
lie and inefTiciency; excessive eXpendI
10 lures for labor and material; careless
he ness in the preservation of property
s. nepotism: the creation Of sineCure
Of and appointment to office of incompC
e. tent persons; the employment {
as clerks to do the work for which use
he less officials are paid; the dismissal {
as skilled oveTseers and appointment
lg their stead of petty politicians; on
the enrolment on the pay list of J.;
eI borers who will not labor, are abuse
n in the correction of which, If they @,
er list in this circuit; you as citizens an
on taxpayers are vitality interested; bl
he as grand jurors such abuses can COZ
ne Germ you only where they involve vie
of latiOn of the criminal laws of the TIE
as ritOry
ne Because of the manner Of you
selection you are peculiarly well qui
lifted to investigate charges of erin
inal mafeasance in Office Your pos
ton is dignfied and independent !
a body you owe allegiance to no part
or race and are under no necessit
un either fancied or real, to make Co
es cessions to demagogues, or charlatan
IN, nor to pander to ignorance in the ele
N. torate In questions of policy "