Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-10-12


or grand jury panel of twntythree jurors had
been summoned three had been excused by the for the
1--WE others temporarily Twelve appearing
meeting directed drawing
the appropriate jury al Held add
tonal validity drawn and indictment found
meeting attended by the twelve members
and one of the jurors temporarily excused valid.
OPINION COURT PERRY
indictment against the defendant found by the grand
jury February 49, 1870 and filed the the day
following Subsequently the defendant moved quash the
indictment the ground in substance that the grand jury
which found illegally constituted The sole exception
before us is o the denial of that motion.
AT the time and in the provided by law twenyhr
grand drawn to during the January 1870
of the circuit of the first circuit Of these three
served of them being without the Terri
tory; prior January three by the excused for
the and other J. w. Wadron) until March l. 1910;
eighth juror &C. G. Bockus) also prior to January s,
10iO by the court Excused emporarilygoing TO coaso
report upon his return Bockus returned to the Territory ev
era days. prior 10 February 49, leaving again for the main
land February 49, On the morning of February 49, when
the motion below mentioned for additional jurors made,
Bocku had reported" the court f. T. p Warehouse
the Island of Maui g. c. Potter engaged in his
usual business at of the local banks, being, with E.
Spadne who then serving the federal grand jury the
only person authorized sign the paper of the bank and H. p
r. Glade likewise serving the federal grand jury being
member of the regular panel in that These three
all members of the original panel in the circuit court had
been excused by the foreman of the grand jury Potter and Wa
tchose attendance the meeting of that day and Glade
apparently for the Pursuant prior adjournment
meeting of the grand jury attempted to be held the
morning February 10 but only twelve remaining APP
peae Thecupon deputy of the city and county attorney
moved in that five additional persons be drawn and
moned with the regular panel accompanying the
ton with the following statement: eff the court please,
meeting the grand jury called for 80 o'clock this morn
ing. Athat hour sufficient number did not appear to
ute quorum and be obtained That arises from the
number of jurors have been excused from the panel
originally drawn and from the fact that of the Jurors
are ont jurisdiction and others serving the federal
grand jury" The motion granted and five additional
grand uors drawn and On the afternoon OF the same
day meeting Of the grand jury held attended by the
twelve above referred the five newly members and
Bockus AT the meeting the of Freta charged with
assault battery and this defendant considered and
indictment found against each.
The argument for the defendant that the foreman of the
grand jury had power to Potter, Waterhose
Glade that Bokus easily obtanabe juror and that
therefore the drawing of the additional five jurors unauh
orzed and void and the grand jury which found the Indictment
without legal authority to do
The statutory provision applicable to the found in
section 1882 of the Revised Laws amended by Act so of
the Laws of 1907, reading folows whenever sufficient
number of jurors not drawn summoned whenever
sufficient number of jurors regularly drawn and summoned
provided do not cannot be obtained to
form grand jury trial jury any case civil or Grim
ina the may order the sheriff additional
grand Jurors taenen may be required These additional
grand jurors and three taesmen for trial may be
moned from among the bystander if objection is made by
any party interested If than three additional grand
jurors than three aesmen for trial jurors should be
required if objection made summonng bysanders
the shall them and thereafter often occasion may
require direct that from the appropriate jury box be
drawn sufficient in number fill said grand jury panel
that the then contain not less than IL than
23grand Jurors or if the deficiency be in the trial jury that
from the appropriate jury box be drawn not than 26
in number for the purpose of filling the panel and acting
trial jurors for the residue of the term whereupon the court
shall direct the sheriff the persons whose have
been drawn appear forthwith for the purposes aforesaid
The number of grand jurors in each circuit "sha be not less
than thirteen than twenyhree See Organic Act
Sec 49, and Rule of the Supreme Court relating to Grand
Jurcs.
1t is unnecessary decide whether the words in Sec 1882
"a sufficient number refer to the minimum of thirteen
larger number deemed by the trial court essential to practical
working body of grand Jurors for assuming that they refer to
the minimum still it is clear that sufficient number did mot
appear at the morning session of February 49, Twelve only
present. If the word or connecting the words edo not
appear" with the words canno be obtained is to be read in
its ordinary gncation the failure of than twelve
appear sufficient justify the ordering the adj
dona five to be summoned. The defendant contends how
ever that this or should be read and the argument be
alar la L. ui4aE,