The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-09-04
GRAND JURY
IS ORGANIZED
Judge Lindsay Instructs Mem.
bers as to Duties They
Are to Perform.

The Territorial Grand Jury for the
September term of the Circuit Court
was organized in Judge Lindsay's
court yesterday, the roll being re-
sponded to by eighteen of the twenty
three drawn. Judge Lindsay then
charged the jury in part as follows:
Gentlemen of the Grand Jury:
In the administration of criminal
law, under our system of government,
the Grand Jury plays large and i'm
portant part, for it is provided in our
Constitution that, No person shall be
held to answer for a capital or other
wise Infamous crime, unless on pre-
| sentiment or Indictment of a Grand
Jury, except in cases arising in the
land or naval forces, or in the mill
tia, when in actual service in time of
war or public danger
"Our laws require that a Grand
| Jury shall consist of not less than
thirteen nor more than twenty-three
members, the concurrence of twelve
| being necessary to the finding of an
! indictment.
/ Under your oaths it will be your
| duty to diligently inquire, and true
/ presentment make, of all such matters
| and things as shall be given You in
! charge, or shall otherwise come to
| your knowledge touching this present
service; that you will present no one
| through envy, hatred, or malice, nor
leave any one unpresented through
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; and that you will
keep secret the proceedings had be-
fore you.
Il desire particularly to call your
attention to that part of your oath re-
quiring secrecy in regard to all pro-
ceedings had before you. There should
be no discussion of your actions out
side of the jury room either among
yourselves or with others.
You may appoint one of your num-
Der be your clerk, to preserve min
utes of your proceedings, which min
utes shall be delivered to the prosecut-
ing officer when so directed by the
Grand Jury.
THE prosecuting officer, or any
member of the Grand Jury may inter-
rogate the witnesses who appear be-
fore you. The prosecuting officer shall
advise you in regard to the law of the
cases that come before you and draw
the indictments.
AN interpreter may be present az
the examination of witnesses before
you. Except the prosecuting officer,
interpreter and witnesses under ex-
animation, no person shah be permit
ted to be present during sessions Of
the Grand Jury. No person except the
members of the Grand Jury shall be
permitted to be present during the ex-
preston of their opinions, or the Civ
ing of their votes.
indictments or presentments, when
found, shall be presented by the fore
man in the presence of the other grand
jurors, to the court, and shall then
be filed; but such as are found for a |
felony against any person not In Gus
tody or under reeognizance, shall not |
be open to the inspection of any per-
son except the prosecuting officer, un-
til the defendant therein shall have |
been arrested.
IF in the course of your proceed
ings, any case or matter should come
before you in which any individual
Juror or jurors shall be interested, |
thus disqualifying him or them, he or
they shall not participate in the con-
sheraton of such case or matter, but
withdraw therefrom.
THE accused has no right to be
present before the Grand Jury either
personally or by attorney. The Grand
Jury has no power to summon the /
accused before it.
"No grand juror can be excused ex-
cept by order of the court. If any
grand juror be absent at any time, or
delinquent, it will be the duty of the
foreman to present that fact to the
court.
1.-The court appoints Mr.. David +.
Thrum as foreman of the Grand Jury,
and S. w. Kaleikini as bailiff.
You may now retire TO the grand
jury room, elect your clerk, and pro-
coed to business. I will ask the At
torney General to call upon you at
once and confer with you regarding
any matters he may have to submit "
The Grand Jury is composed of the
following:
Hans Henry Kohler, George c.
Campbell, Cabin F. Bush, James Haig
Mackenzie, Fred Philip, Stanley Steph-
enson, Arthur ". Lloyd, Charles Free
man, L. L. McCandless, James d. Nc
Inerny, Clarence L. Crabbe, Harry 5.
Webster, Henry Cushman Carter. L.
Gandall, William w. North and David
F. Thrum. II
Those excused are F. T. P. Water
house, a member of the Board of
Health; James L. Mclean, jury COM
missioner, and Charles Koelling. ex-
cused for business reasons.