Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-06-15
FEDERAL JURORS
CALLED upon FOR
BROAD inquiry
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lawful participants. as distinguished
| from mere peacemakers In this con-
neetfnn you are instructed that un-
der the federal statutes:
whoever directly commits any act
constituting an offense defined in any
law of the United States, or aids,
abets, eounseis, commands, induces,
or procures its commission, is a prin-
eipaI"
and may be indicted as such
Responsibility on Jury.
AS You were charged at the open
ing of the term, your Investigations
must be con0Icted in accordance with
the well-establiShed rules of evidence.
The assistant ID the encouragement
will aid you in the examination Of
witnesses and will see that no evil
dence is received which would not be
admissible in court upon a trial He
will direct you in matters of proce-
dure according to the well-settled
practice, and may( read to you the
statutes relating to amy offense or Of.
lenses involved. Bit for any opinion
upon questions of Rw affecting the
rights or liberties of persons, you will
seek the instructions Il the court In
deed, upon any questi ns of law what
ever, you may feel at all times
to ask the courts 6 ance and in
structions. You will It, of course,
look to the assistant tbf attorney
general for any advic' to the
weight or suficiency ~ evidence;
these are matters entrusted solely to
you, and to you unaided anc uninflu-
enced.
The Other Grand Jury's Action.
I'm this connection, the caution
may be yentured that the action of
the territorial grand jury, reputed to
relate to the affair here under in
quiry, should not be permitted to in
fiuence you in the slightest degree.
The presumption of innocence
must throughout your investigation
have full force in favor Of every per
son, and to Justify an indictment it is
not sufficient that the truth of any
charge is probable but you must be
convinced that the evidence before
you, so far as it goes, unexplained and
uncontradicted, would warrant a con-
yiction by a trial Jury.
Though grand ajuries usually hear
no other evidence than that adduced
by the officer representing the govern
ment, nevertheless, bearing in mind
your oath. to inquire and true pre-
sentiment make, you will not only res
ceive all proper evidence offered
which may throw any light upon the
subject of your inquiry, whether il
tend to establish the guilt or inno-
IL you shall have reason to believe
that there is, other evidence not pre-
scented which Wonn qualify or explain
away or throw light upon the matter
before you. It will be your duty to
order such evidence to be produced.
You have the fullest power to com.
pei the appearance and testimony Of
all who may have any knowledge of
the affair or who may be able to give
any clue leading to such knowledge.
Deliberations in Secret.
'tYour deliberations are to be con.
Quoted in secret. Neither the assis-
tant to the attorney-general nor any
other person than yourselves may be
present at your deliberations or at
the taking of any vote upon an in
dicement. Not only must you act in
secret as body, but under the OBJ
legations of your oath, and indepen-
IDENTIFY thereof as a matter of common
law to which you are subject, you
must keep secret your deliberations.
your votes, all your acts as a grand
jury. You should be on guard against
giving confidential information even
to friends. The same reasons which
require the rule of secrecy in regard
to grand Jurors, apply also to wit
nesses who testify before the grand
jury, and such witnesses should by
your foreman be sworn to secrecy.
The duty of secrecy also rests upon
interpreters and others who may ne
cessarily be present
aside from the obligation of your
oath to maintain secrecy, there is the
practical advantage to you that Sc
crecy promotes free and full state
ments by witnesses and free and full
discussion by your own members. Fur
thermore, secrecy Is necessary, in re.
speet to grand jury proceedings.
in order to prevent tie formation of
OplHl0uS III ADVANCE Ol lFldl OH any
indictments that might be brought. in
ether words, to prevent the disqualifi-
cation of trial jurors. Any breach of
this obligation of secrecy would be
fragrant offense in contempt of court.
Secrecy Requisite.
In this connection, the charge OF
Judge Field is pertinent:
Communications" with mem
bers of a grand jury, especially
personal solicitations of its
members to obtain or prevent the
indictments of parties, are
calculated to prevent and obstruct
the due administration of justice,
and to bring the proceedings of
the grand jury into contempt
Let any rejecting man says
distinguished Judge, be he lay
man or lawyer, consider the con-
sequences which would follow, if
every individual could at his pleas
ure throw his malice or his pre-
JUDGE into the grand jury room
and he will of necessity conclude
hof ho oE II, ;oL,