The Hawaiian gazette., 1907-10-15

j. S. GRAND JURY
HARD At WORK

states district court opened yesterday
morning, the grand jury was i'm
paneled, sworn and charged by Judg,
Dole and Immediately started in OF
its work, and before it adjourned fol
the day had investigated two illicit
distilling eases, polygamy charge, anC
an Edmund s Act case.
OF the cases already on the calendar
about eighteen in number, three were
nolled; four were continued for the
term, and the others were continued
until various dates. United States At
torney Breckons has probably over
seventy-five matters to present to the
grand jury, so that the number of cases
that will finally get ON .his term calen-
dar will probably exceed hundred.
The corridors of the Judiciary build
ing yesterday presented an interesting
sight. A score or two of witnesses
of different races and nationalities were
gathered there awaiting their turn to
be called before the grand jury. The
throng of witnesses even extended out
of the corridors, on to the lawn where
number found the grass in the shade
a pleasanter waiting place than the
hard benches in the corridor.
When the court opened for the term
with Judge De Bolt on the bench, the
accounts of Clerk Hatch were present
ed for approval and were approved,
The accounts of Charles IFurneaux,
United States Commissioner at Hilo,
were also presented and approved.
When the grand jury was called
there were number of absentees for
one reason or another. E. Hoffman, of
Wailuku, was not found by the Marshal
IN order to be summoned H. H. |
Smythe is not in the Territory. Neither
is Charles Barley, though John Barley
corn having similar family name
with him, at least, is in evidence in
every part of the Territory. A. Hook
ing was absent, and there is said to
be no such person as James w. Smithies.
j. X. Gandall, of Kauai, is over age.
Herman Kruger is not in the Terri
tory. George Copp, of Makawao, was
excused. So was Axel A. Aalberg, of
Lahaina. II. A. Parmelee is over age.
A special venire for ten was at once
placed in the Marshal s hands and re-
urned at II O'Clock. Of the special
yenire, John Detor was excused and
hen the grand jury was sworn in as
,ollows: J. Frank Woods, foreman;
:. S. Desky, c. Butske, G. W. Weight,
ohm schlief, John J. Greene, James
Mott Jr., w. NJ Graham, w. H. C.
)ampbell, John c. Evans, Henry Davis, 1
J. F. Patten, N. Hageans, C. E. Calvert,
\. Christensen, M. Phillips, F. H.
'aris, F. H. Waldron, J. S. Splitter, G.
;. Bartlett, c. J. Ludwigsen, T. W.
,arroll. i
Loo Joe was appointed Chinese In
for the grand jury and E. R.
bailiff.
In charging the grand jury Judge i
)ole said: +
Gentlemen of the Grand Jury: The
uties and functions of the grand jury
re of an exalted character. In a sense ',
may be said to be the conscience
the community. Sitting apart from
he turmoil of business and the dis 7.
actions of social excitements, it en-
,ys a status which promotes a sensi- ,
veness in relation to those acts which
re inconsistent with individual or pub .
C rights and so tend to subvert the Il
TVS and thereby prejudice the inter- :,
SITS of society. In it's representative
opacity it carries large responsibilities !.
relation to the welfare of the body II
olitic, which sense of responsibility
IN hardly fail to promote watchfulness II
ward criminal developments as hos
lie to such welfare, and that sentiment
fair play which would protect per-
ms charged with the commission of
lenses against the laws, from pub
,ity and the odium of public trials, y
,cept upon probable cause supported
: competent evidence sufficient, unless y
or otherwise explained, to u
arrant conviction. IL
This representative quality Of the d
and jury is most important element .
the value of its work, whereby the u
lblic is kept in touch with the pro- "
edings of the criminal side of the -
urt. 1t is highly probable that in ~
ose systems where the prosecuting D
icer has the responsibility of bringing p.
1ictments, the work is done as well VI
such an officer as by the average sc
and jury, but the secondary benefit :,
the community is lost-that effect 81
public sentiment which comes from eli
2 public taking part in and assuming III
ne of the responsibilities of criminal 10
oceedings against violators of the
VS. of the land, as is the case under o.,
: grand jury system. The operation
this system has an educative in 70
ence upon the body of citizens from Nj
ich the jurors are drawn, acquaint- ca
: it with the principles and objects we
the criminal laws, the methods by
ich they are enforced, and thereby al
a respect for good laws and tn
IL