Newspaper Page Text
SATURDAY, OCTOBER 23, 1909
THE MAUI NEWS
utereil at the Post Otiiee at Wailuku, Maui, Hawaii, as second-class matter.
A Republican Paper Published in the Interest of the People
Issued Every Saturday.
Maul Publishing Company, Limited.
Proprietors and K"Lit3llhr
Snpscir-Tiox Rates, is Advance f2.)0 per Year, $1.50 Six Month?
Iluiih V . Coke,
Editor and manager
OCTOBER 23. lflOi)
THE MAUI NEWS
MtlWJlil's The island f Hawaii ha afforded tin- opionciits nf County
Ofiicitils. Government material fur their strongest arguments against
county government .
It seems impossible that a majority of the people of Hawaii should
chvt a Utard of supervisor without there I icing some one among their
nuiulier with sutlieieiit horse sense to see the imperative neeil of a eoni
petent engineer to have eharge of tlieir roail system. Yet that is just the
state of affairs there.
That prai'tieally the whole hoard of supervisors stand for graft and the
proteetion of the grafter-; is almost iueredihle and yet when it I n-eu un
known and proof positive was produced that a great many of the police
were conducting a graft business of the rawest kind instead of proc ling
with the pro-cent inn of the grafters the hoard did the hahy act hy cut
ting oil' the pay of the Deputy County Attorney in order, so it is claimed,
to protect the grafters.
From the first most of the officials of Hawaii County have heen a dis
grace to that County and the conduct of puhlie affairs has ln-en a stain
on the name of Hawaii nei.
(Continued from Pnge I)
as a Grand Jury extend only to
questions of crime. Your functions
are judicial. You are a prelimi
nary tribunal and you are furnish
ed inquisitorial powers only for
the purpose of examining into
crimes. As to the class of offenses
which you have power to investi
gate, you must remember that you
have the same jurisdiction as this
Court upon which you are in at
tendance and that you exercise tin
powers and functions as n Grand
Jury under the authority of this
Court and as to matters within tl e
jurisdiction of this Court. Hence,
you can make no presentment for
an offense over which this Court
has no jurisdiction; -ither because
the offense was committed beyond
the territorial jurisdiction of this
Court, that is outside of this coun
ty, or because the subject matter
or the offense is not one over which
this Court has jurisdiction.
Among the crimes which may be
called to your attention are those
of Rape and A.lullery. Our Statute
makes the punishment for tin
crime of Rape severe. For I he
crime of Adultery the limit of
punishment is twelve months im
prisonment ami One Hundred
Dollars line. It is in the opinion
of the Court unfortunate that the
Statute does not provide or allow
a far more severe punishment, for
one of the meanest and greatest
crimes that can be perpetrated.
Among many of the most civilized
ami enlightened nations, the crime
of Adultery is often followed by the
vengance of the wronged husband
taking the form of killing the man
who has dishonored his name,
ruined his wife and destroyed his
family. The penalty of death is
none too severe against such an
adulterer. If any such cases are
brought before you hy the County
Attorney where the adulterer is
still alive and unpunished it will
be your duty to indict, and it will
be the duly of the (Joint in ease of
conviction to inllict the penalty
provided by the Statute.
In some jurisdici ions, grand
jurors aie given by Statute in
quisitorial jiowers so that they may
investigate gaining, tippling dis
turbing public worship or many
other minor offelixs 'Hid are em
powered on tlieir own motion to
send for witnesses to testify as to
such offenses. Rut our Statute
confers no such jurisdiction, and
your powers to originate criminal
prosecutions otherwise than by a
presentment based upon the per
sonal knowledge or observation of
yourselves i" limited lo eases in
which individuals have been
charged with specific crimes either
before a magistrate or where your
attention is called to the matter
by the prosecuting attorney, that
is the County Attorney; and you
are not expected of your own
motion to institute prosecutions
or to summon and examine wit
nesses for the purpose of obtaining
information upon matters upon
which none of you have any know
ledge ami concerning which the
county attorney has not called
Your duties are concisely stated
in the oath you have take "to
diligently inquire and true pre
sentment make as well of all such
matters and things as shall be
given you in charge and as of those
things which you yourselves shall
know to be presentable; and you
are to present no one from envy,
hatred or ill-will, to leave no one
unpresented from fear, favor or
The things given you in charge
referred to above, are such matters
ami things as are presented and
referred to you by the County At
torney who is the prosecuting
ollicer in this county.
Remember that this ollicer has
the power and duty concerning all
criminal matters in this county so
far as present it g the cases to you
for youi action, and also so far as
the prosecution of all persons in
dicted bv von.
He is also your adviser and guide
in your work as a Grand Jury, but
he can take no part in your delibe
rations, cannot advise yon as to
whether the evidence warrants an
indictment or not in any particular
case, nor should'he be present when
you vote on the question of indict
ment or not, nor should hcinflucnce
your vote or your action regarding
He will assist in examination of
witnesses and advise as to proper
and legal methods of procedure.
When you find a true bill, he
will endorse the same ollieially; he
will draw up indictments for von
and generally aid you in your work
as a Grand Jury, hut not act as one
of your Itody. '
No M-rsou other than the County
Attorney or his Deputy and the wit
ness actually being examined can be
present in your grand jury room
when you arc in session, except that
when an interpreter is needed in
order to examine a witness, you can
employ one who may be with you
when actually acting as such inter
preter of the testimony.
The court will apioint oiieof ytair
number to U your foreman, who
will he your presiding ollicer and at
tend to the regular transaction of
your business and will endorse as
such foreman all presentments or
indictments made or found by you.
In case twelve or more of yon con
cur in finding an indictment, then
your foreman may endorse the in
dictment as such foreman, and if
the indictment is not found by a
unanimous vote and your foreman
THE ROYAL STANDARD TYPEWRITER IS THE
EQUAL IN EVERY RESPECT OF ANY ONE HUN
DRED DOLLAR TYPEWRITER ON THE MARKET
votes against it then also he must j
sign it. In any case, your foreman
must endorse the indictment as fore
man even if he did not vote for it.
The proceedings of the Grand
Jury are projMTly, necessarily and
by your oath of ollice as grand jury
men to 1- kept secret Strictly ob
serve this rule, this law and your
oaths in this respect. Not to do so,
is a contempt of Court and incurs
punishment and reflects upon your
honor and your honesty.
Remember also that your investi
gations a iv not trials and that an
indictment is neither a verdict of
guilty imr docs it remove that pre
sumption of inuoecuse with which
the ltcnevolenee ,,f ,,ur law ever
clothes tin- accused up to the time a
trial jury finds a verdict of guilty
Hence, you do not need to hear the
accused in his own behalf nor can
he have an attorney appear for him,
nor has he, as a matter of right, to
have testimony of any witness in his
behalf; hut this does not deprive
you of the power to ask for testi
mony of a witness when it apjiears
to you probable that such witness
might explain away what would
otherwise tend to show the accused
was guilty. Rut it is not usual to
call any witness or to hear any testi
mony unless the same he introduced
by the prosecuting attorney.
The doctrine of "lienefit of the
doubt" as applied in trials before a
Petit Jury does not obtain here. For
if you believe a crime has been com
mitted and that it is probable that
when the evidence is presented to a
trial jury, such jury would convict
the accused, then it is your duty
not to raise doubts or consider the
weight of doubts, hut to bring in an
indictment in order that atrial jury
in tin- presence of the defendant
may, hear all of the evidence and
under the law and instructions of
the court, may decide the question
of guilt or innocence.
Gentlemen, as before stated, not
every immoral act, not every wrong
ful act, nor every illegal act comes
within the iower and jurisdiction of
this Court for punishment.
Gentlemen, Good nu n and true,
it is by your dean upright, honest,
law-abiding lives tjiat you can at all j
times rebuke, condemn and punish
MTsons who are guilty of offenses
which the law does not bring within
your jurisdiction as a Grand Jury.
All such persons are punished, never
doubt it, the law of compensation
provides for it, and the shame, fear
and remorse which they sutler are
BASEBOARD AND METAL COVER
You can Pay more but
You cannot Buy more
also sure, just hut awful punish
ments. Gentlemen, as to matters and
things within your jurisdiction "let
no guilty man escape". Your res
ponsibility is great, but your power
is equal to your duty.
You condein, discourage and pre
vent crime by puniiing crime. You
clean up the filth and make pure
the moral atmosphere of your county
by the preliminary steps you can
take towards removal from our
homes and our neighborhoods all
persons who an- criminals. Much
you can do to render our atmosphere
healthful for the young and the in
nocent of our community. You are
or may be the best Promotion Com
mittee this beautiful island of Maui
can have, because you can do most
to make Maui a pleasant, enjoyable
and happy place for good people to
come to and to remain in.
So act that heinous crime shall
have no foothold here and that
criminals will flee from here through
fear of the punishments prescribed
by law and brought upon offenders
through the presentments of the
So act that even no , undiscovered
criminal can rest easy in Maui ami
no known criminal can remain in
Maui until after he has served his
term of imprisonment.
Re just to the people of Maui.
There should he no pardon until
after conviction and rcpentensc.
Just ice exercised by juries in punish
ment of crimes is wholesale mercy
to the people of any county vexed
Weakness of juries is not mercy
even to the criminal, hut is cruelty
to the community.
Soon after you retire to the grand
jury room, the County Attorney will
wait v 1 1 m 1 1 1 yon and place before you
the offer of his services and such
matters as he deems it important
for you to investigate and act upon.
After you retire, you may elect
one of your numlier to act as your
Clerk or Secretary and to keep the
minutes of your proceedings. Yon
can report from time to time to the
Court concerning your proceedings
and any matters determined hy you
and, if you desire, can ask for ad
ditional advice. When you have
completed your lalmr-', you will
make your final report to the Court.
The court appoints as your foreman
Mr. A. AalU rg. You will now re
tire to the grand jury room and
with the assistance of the County I
Attorney ami of the Sheriff or his
Deputy acting as your- bailiff, you
may enter upon your active dulies
as tin- Grand Jury for this Term of
Gentlemen, yon may retire.
SMLDFN R. KlNGSIiL'RY,
Circuit Judge Circuit Court 2nd.
Judicial Circuit of Hawaii.
The grand jury brought in true
bills in the following eases on
Thursday and was discharged:
Ter. of Hawaii v Kaaina Kalala
ni, incest. Plead guilty and was
sentenced to seven years imprison
ment. Ter. of 1 la vvaii v Kamauiia, un
lawful intercourse w ith female under
H years. Plead guilty and sentenc
ed to three years imprisonment.
Tcf. of Hawaii v Manuel Forte,
burglary tirt degree. Plead guilty
and sentenced to one year.
TVr. of Hawaii v Juan lloseo,
assault and battery with a weapon.
Plead not guilty. Trial Mondav.
Ter. of Hawaii v I'yeda Kurasa
ki, assault and battery with a weap
on. I'lead guilty to assault and
batten. Sentenced to six months.
Uimc Sfable3Caliului Slailroad Co.
The following schedule will go into effect July 1st, P.IO'.I.
CLASS : Pass, j puss. ( Pass, j l'ass. &rt. j Freight' Freight
STATIONS ; No. i j No. 2 No. 3 : No 4 No. 5 No. 6 No. 7
i A. M. I A. .M. j 1. M. I 1. M. i A. M. P. St. j A. M
Kahului l.v.j (i 1") , 7 oil I 1 ijO ; i(t ! t -jr,
Puuncue Ar.: "J") i s 1)0 , 1 ;; . : 20 pj (kj
Puuneiie I.vj ( :'.) ! s 10 1 1 -10 ! ;i ::, pj ;;o
Kahului Ar. 10 X L0 I 1 o0 1 15 ,",. jpj 45
Kahului Lv. o0 ! 2 00 J
Wailuku Aiv 7 02 2 12 !
Wailuku I.v.l 7 10 2 20 ; . . . , '!!!!!!
Kahului . Ar. 7 22 j' 2 !i2 ' - 1 l . . . .
Kahului l.v.j 7 2" ; 2 10 til' '.) :;o '!!!!!!
Sprcckclsville l.v.! 7 :'7 2 -2 ! 10 00 ... . ......
Paia Ar.j 7 "0 X .'i Or, j 10 lo i.
Paia . I.vj X 00 E' , ;; 1;, ! ' 10 do
Spreekelsville l.v.l X ir, Z :!;!(); '
Kahului Ar., X 27 : :' 12 ; 11 1.1 ...... .... '.
Kahului I.v.l x ;;o ; :; r, - ? ...... 'j'm
Wailuku Ar.i X 1.1 j ' 4 0o 1 Z j 1 :
Wailuku l.v.; ! 00 j z. (().-, . 1 1 .r. ......
Kahului Ar. !) 1"j ' , . I 17 1 . j.-,
Kahului I .v.: i j (20, .
Spreekelsville I.vj H :; i -j . ' "1
Paia Ar. j H. r, 3
paia i.v. 1 uii 1 ; '!!!!!!
spreekelsville i.v., .", if. i . '. ,
Kahului ArJ " 1., ' i '.!!!!!'!!!!"!
Kahului Railroad Co.
Al.FX ANDKR & RAI.DWIX, LTD.;
Al.KXANDKR RAI.DWIX, LTD., Line of Sailing Vessels hetwe.n
San Francisco and Hawaiian Ports;
AMERICAN-HAWAIIAN STEAMSHIP CO.
Ter. of Hawaii v Maida, assault
and battery with a wcanon. Plead
j guilty and given nine niontlfs.
The accused were without attor
neys. The Colli'. alilMiinted Vivas A-
Correa. W. '. Crockett and A. N.
Kcpoikai to defend two each.
MOUSli AND SIGN
CARRIAGE AND AUTO
PA PER HANGING
an I li-i HASi,
f I I Mfk,lai"-- 'SIfCeit.u.y. i
W XV 'Aw H c' irii" "' !". amtliu.1 :l
m AN J ti al.t ll. l,-, !,,.. .lllA
8nt:!i.iii I'u fi, Cu
S I'll nt Off rnh y li.tt n
f. .rrvlxtity. AMKKHAN .
I: -ant i ful ph Mrts. iumuIi
ly pri omtr .ts, ii tun
riti. Km, niestiniis an
vftet. Sample .'jiy free
)iu mrntin this riper.
g American Photography
aiuii St. U"it'ti