The Garden Island. [volume] (Lihue, Kauai, H.T.) 1902-current, 1912-08-20
.|NSTRUCTS JURORS

jurors for the special term Of
court, and instructed them as
follows:
GENTLEMEN OF THE GRAND JURY:
There can be no legal convic
ton in this Territory for any Of
fense punishable by Imprisonment
for a term exceeding one year
without presentment or indictment
by a grand jury.
Tie grand jury is designed not
only aA a means of bringing to
trial persons accused of crime up
on sufficient grounds, but also of
protecting persons against II n
founded accusations, whether pro-
ceeding from the government or
individuals. You have therefore
as grand jurors, duty to society
unl4r which you shall require
parties against whom there are
lust grounds upon which to charge
the commission of crime, to be
held to answer thereto, and duty
to the individual also, 20 protect
him from prosecutions under in
sufficient charges.
Various district magistrates of
the county have found cause to
believe that certain persons have
committed crimes and committed
them to Jail until you examine in
to these cases and either find in
dictments or refuse to do SO. These
matters have a first claim upon
your attention. You are also re-
quired to examine all other matters
brought to your attention by the
court or the county attorney You
are not limited to these matters
however, but may also examine
into any other alleged violation
of law that may come to your
knowledge, either in the course of
NEUTRALITY-SUSPICIOUS. OF matters
Z Fought before you, through your.
own observations, or such as may
be brought before you through
your members.
You will hear the witnesses for
lle prosecution, or as may of these
witnesses as you deem necessary,
and if, IL your judgment, the
evidence Of such witnesses, un-
explained Il d uncontradicted,
would warrant a conviction by a
trail Jury, it will be your duty to
find an indictment. You will not
permit accused persons, or their
attorneys or witnesses to appear
before YOU. Because of the partial
character of your Investigations
in hearing only the testimony of
the prosecution, you must weigh
we'll the testimony produced and
in arriving at a conclusion as to
its truth or falsity, may take into
consideration not only the state
ments of a witness, but its manner
or testifying and appearance on
the stand, as we'll as the inherent
PROBABILITY or improbability of
his testimony.
You need not, however, use up
your time in hearing cumulative
testimony. The hearing of more
than one witness to prove given
fact, if you give the testimony OF
such witness full weight and cred
it, and i It alone would i'll your
Judgment justify you i'll finding
that there is probable cause to
believe that a trial jury would
convict, is an unnecessary X
upon your time and patience and
an unnecessary cost to the tax
PAYERS of the county.
You may obtain subpoenas from
the court for witnesses. The county
attorney will be ready at all times
to assist you in your examinations
will examine witnesses and draw
I'D indictments for you. You may
also, yourselves, examine all wit
nesses and may have such inter,
Dreters as YOU need. Except the
county attorney, interpreter ant
the witness under examination, NJ
person shall be permitted to be
prewnt at any of your sessions
and you must exclude all persons
including tn e county attorney
from you1 presence while y |
deliberate and when Y % Il vote
ANY indictment found by you, may
he set aside if this rule is violated
The sessions of grand jury are
secret because it would be hard
shin to any one against whom un
founded charges are brought, /
such charges should be made pub
lie. and in order chat there may b.
the utmost freedom of disclosure
of crimes and of discussion b,
you in your deliberations and il
order that the danger of escape o
accused persons before arrest an,