Newspaper Page Text
THE MAUI NEWS, SATURDAY, MARCH 18. 1911
Circuit Court In Session.
(Continued from Page I.)
acting as Mich in cases where needed
to interpret testimony of a witness
who cannot sjieak English.
Bailiffs from the Sheriff's depart
ment will In? appointed to keep your
door and to wait upon you, hut
they cannot he in your room when
you are in session.
The Court appoints Mr. Geo. 0.
Cooper to he your Foreman and aid
you ns presiding oHicer and perform
the functions of Foreman of the
Grand Jury. 11
You will, when you retire, select
one of your number to be secretary
who shall keep the minutes of your
proceedings. He should bo a man
of education, a ready writer, and,
one who can and will fully, faithfully
and honestly put your proceedings
in writing and be able to furnish
report of same if called upon by
proper authority to do so.
You will use all convenient dis
patch in determining the questions
before you and hastening to the
end of your present service.
It is the power and duty of the
County Attorney to call your atten
tion to cases to be examined, but
he will not advise you as to what
decisions you should make, or be
present when you vote upon the
question of indicting.
The whole power, duty legal
and moral responsibility of determ
ining who" must be tried before a
petit jury on your charge of having
violated the laws against crime rests
upon you. You can not lay aside
this. power or shirk this responsi
bility. The duty is loth legal and
moral. It is an obligation upon
you by reason of your citizenship in
a self-governing Republic.
By reason of your having been of
those selected as well qualified, good
and true men, and, by reason of
your being the very men duly drawn
and by reason of your oaths, the
law pronounces you the Grand Jury
for this March Term of the Circuit
Court, Second Judicial Circuit of
Hawaii in and for the County of
Maui. It is the Law that sentences
you to this service for your country.
The law which you and yours
make, the law which secures to you
your property, liberty and chance
for happiness; the law which is our
Ruler and which is just, wise and
benevolent decrees that you are
bound to this service.
Your moral obligation is equal to
your legal power and duty. Your
love of law and of justice will make
your duties herein both plain and
Be merciful to the people of this
County and save them from the
harmful consequences and from the
moral leprosy of contageous, hare
faced, unpunished crime.
You cannot stop all crime or ini
tiate prosecution of every criminal,
but you can do what some of our
Grand Juries have done, and that
is, have some punished, make crim
inals tremble and thus prevent
Do your duty without fear or
favor. The law is your authority,
its rule your guide and the love of
it your duty.
You cannot overestimate the good
you can do for the communities of
Maui by a faithful discharge of your
present obligations under the law
and under your oaths. Nothing is
so destructive of the eivil rights of
our good citizens as for you to allow
criminals to go without prosecution.
You must consider justice. An
unconvicted and unrepentant crim
inal must not look to you for mercy.
After conviction or confession, the
Court or the Governor can and
Bhould properly be merciful. The
Court can in proper cases Buspend
sentence, or the Governor can par
don even after sentence; hot the
Grand Jury has nothing to do as to
criminals except to indict them
when it is just and thus exercise
mercy to a suffering community
Justice' to the criminal is mercy to
the people extending even to babes
I have ever had reason toi feel
that the juries of this County both
Grand and Petit were good men,
and, in intelligence tar above the
avernge. As a rule we have had
honest men and capable men on our
The result has leen Iwneficial to
the County. No innocent man has
!een convicted and hut very feW
guilty men who were brought to
trial have escaped conviction. Under
our system of criminal procedure in
so many ways are citizens protected
from oppression, and, so many bar
riers have been raised to conviction,
that in over thirty years of active
practice I have never known of a
man, whom I lelieved innocent', be
ing found guilty by a jury, while I
lave known of hundreds of guilty
men escaping conviction. Indeed
so many crimes are committed with
seeming impunity that President
Taft exclaimed : "I grieve for my
country to say that the administra
tion of criminal law in all the states
of this Union (there may be one or
two exceptions) is a disgrace to our
The fault is not so much in the
aws or in our systems of procedure,
but at first blush, it seems to be
argely due to a weakness or wicked-
edness of juries.
So noticeable is this that many
good men have advocated abolish
ment of trial by jury. .
But this would be the destruction
of self-government, the end of gov
ernment by the people, the death of
our political personal freedom.
In my opinion, juries are not the
most to blame for the too frequent
miscarriage of justice that results in
the too common escape of evil-doers.
Time was when the governments
of our forefathers were oppressive,
when judges were tools of a tyrant,
when the Rulcf claimed to rule by
Divine Right, when it was not
understood that all just government
is based upon and limited by the
needs of the governed to be governed
But our government is benevtfient
in form, theory and fact.
In these former times when gov
ernments wre tyrannical and rulers
claimed God's authority in serving
the devil.it was then that the libqrty
loving fathers jealous of their rights
and fearful of their rulers, succeeded
in securing trial by jury and in estab
lishing the rule that no man could
be prosecuted except he be first
charged by a Grand Jury; and,
having secured the juries, they then
had to hedge about them thick
obstructions for protecting juries
in their independence and power.
Also many obstacles were raised up
against criminal procedure for the
protection of the accused, in order
that no innocent man should be
convicted, or, without great caution,
even put to trial for a crime.
Time is when these, obstructions
are not demanded and when there
is little danger that any innocent
man will be convicted.
Time was when the accused could
be and often was put to the rack of
horrible torture to extract from him
words of confession and then in un
endurable pain an innocent man
might confess to stop the torture
and so be punished for the crime
he confessed under torture although
Then arose the doctrine that no
man could be compelled to be a
witness against himself and that
confessions extorted from a man by
torture could not be put in evidence
against him. The rule is just and
right, and its enforcement especially
demanded in those ancient times.
We today have no rack and per
mit no torture, yet properly the
principle has been preserved in the
Constitution of the United States,
by providing no person shall be
compelled in any Criminal Case to
be a witness against himself."
Our own laws by section 19G2
R. L. II. also recognize this fair rule
for benefit of accused persons.
The test as to admisability of
confessions under our statute is as
to whether they wero made under
such inducement as was calculated
to cause an untrue confession of
guilt. Truth should be the object
of legal inquiry. I am proud that
Hawaii has adopted the better rule
and that Wigmoro, our present
greatest authority on Evidence, has
has said of us in this connection
"In Hawaii, Indiana and Washing
ton i the radical step of desirable
reform has Inrcn taken and the tra
ditional rules are practically atol
ished." The causes which has brought
about such constant defeat of justice,
such expensive trials and such un
necessary delays have been not so
much the faults of jurymen as the
uncalled for use of old obstructions
once needed to safeguard against
oppression of the people but not
now either needed or proper, because
there is no oppression ; because the
theory, object and practice of our
government is benevolent and the
object of our criminal laws, proce
dures and trials is to benefit the
people. The needs of the people is
the foundation of our claim of right
Are we fitted for self-government?
Are we to be trusted with sovereign
ty? Are we ever to he one of our
Sovereign States? These questions
are answered affirmatively largely
just in proportion as we make and
enforce wise and just laws and obey
such laws, making all within our
shores obey them.
When the question of our state
hood comes before the President
and Congress of the United States,
little or no regard will be paid to
resolutions or requests of our deli
berative bodies but the greatest re
gard will be paid to our character
as a people as shown by acts of our
Legislature the conduct of our exe
cutive officers, and the conduct of
our juries, Grand and Petit. To be
able to point to just and wise local
laws, to a due administration of
such laws and especially to such a
state of good morals of wholesome
public opinion that our juries with
out fear or favor punish crime and
have thus made crime and criminals
so rare as to show we are capable of
full self-government, then we may
hope to become a sovereign State.
And not till then. To bring this
about, the greater part of the work
is upon our juries.
But irrespective of any hope of
statehood, there is every reaapn why
your duties are most sacred, for
upon you and such as you rests the
well-being and the happiness of the
people of Hawaii.
I say these things not by way of
complaint, but for encouragement
Maui has much to be thankful for
regarding her moral and social con
ditions brought about largely by the
almost uniformly just and wise
course of her juries.
Yet every new jury has and will
have its own duties, one of which
is to advance the enforcement of
the criminal laws to a higher plain
than ever before.
You will have brought before you
the usual number of-minor offences
i . a ti
dui so iar as i Know no capital case
Yet these minor offences must be
treated seriously, inquired into deli
gently and punished justly in mercy
to our communities.
The crimes of embezzlement, of
larceny, of fornication, adultery
and of perjury are yet all too fre
quent. You must see that they be
come less so by making punishment
I understand many of these of
fences are committed by those
among us whom wo call Orientals.
But this race-fact is immaterial to
you and to me. Aliens must obey
our laws while here.
Yet so far as the deleterious effect
on the community by unpunished
crime is concerned, it is far greater
when the crime is committed by
citizens of Hawaii, whether by the
haolo or by the native Hawaiian,
by the Malihini or by the Kama
aina. for these are our citizens and
electors and from these are selected
our officers and our juries.
Indict no man because he is an
elector nor any man because he is
not a voter. Let such consideration
not enter into the question of, shall
he be brought to face a charge or no?
Within the past few weeks,
have heard it charged that our
officers and juries were respectively
constantly arresting and convicting
the Japanese, the Chinese, the Ko
reans, the Porto Ricans and the
Filipinos for offences that were
overlooked if committed by the
aole or the native Hawaiian Is
this true? If it is, do your duty
impartially and let there ho no fur
ther occasion for anyone to say so.
Wo cannot clean up unless we
begin in our own homes.
We are most injured and most
apt to be infected by filthy crime in
our own house.
Your neighbor may le a good
man, generally speaking, .and a
friend of yours, but if ho lives in
open adultery, he is had and a
criminal in that respect and his
filthy life and dirty homo injures
your home, your children and your
community far more than does the
disregard of marriage by these other
and alien people among us.
Were he your own brother, you
should indict him if he is guilty.
Let it not bo said that we, the
ruling elements of tho people of
Hawaii, are but half clean (and
that half the alien element) and
are wholely unjust.
Let Hawaiian citizens, white and
brown, show love of equal justice
and the good taste of sweeping clean
their own houses before giving
aliens a lawful lash held in their
dirty lawless hands.
'In your labors as Grand Jury
men, you will have etticicni am
from our able County Attorney and
his assistant. Our Sheriff and his
officers will also aid you in evrey
You have all you need for a full,
just and efficient performance of
your sacred duty as Grand Jurymen
and ' with full confidence in your
ability, wisdom, honesty and true
moral courage, I send y-iu to your
Grand Jury room with tho words
of Genl. U. S. Grant "Let no guilty
man escape.'' These words were
spoken by that great,' just and lcne-
volent man when he was agonizing
over complaints against his friends
high in position and by these words
he urged their punishmen t if they
were guilty. General Grant would
have made a good Grand Juryman.
It is presumed our Legislature
now in session will pass laws for the
Uen'efit'of Hawaii. but Hawaii .most
needs to obey the laws. Oledience
to Jaw is our highest civic duty and
by such obedience only can we pros
pef , be happy and most largely re
commend ourselves for the granting
to us more power and independence
by the gift of statehood.
So act that your country will be
benefitted by your work, that you
recommend this Territory for state
hood and that hereafter you have
that greatest of happiness the com
placency which follows the full per
formance of sacred duty.
Gentlemen, you may retire.
LODGE MAD I, No. 984, A. F. & A. M
Stated meetings will be held at
Masonic Hall, Kahului, on the first
Saturday night of each month at 7.30
Visiting brethren are cordially iu
vited to attend.
F. P. ROSECUANS R. W. M.
t. f. Secretary
ALOHA LODGE NO. 3 KNIGHTS
Regular meetings will be held at the
Kniehts of Pvthias Hall. Wailuku, on the
second and fourth Saturdays of each
All visiting members are cordially in
vited to attend.
E. F. DEINERT, C. C.
W. L. WEST, K. OF R. & S.
One new single buggy and harness,
splendid bargain; rubber tires, top,
lights, curtains, . etc. Inquire Maui
News Office. March 4, 11, 18, 25
The main house and lot onjthe Kalua
premises, Main street, Wailuku, Maul
As to terms apply to '
D. H. CASE,
I Wailuku, Maui.
AUTOMATIC BALL BEARING
WOVEN WIRE FENCE
This Machine makes woven galvanized wiie fence on your premises
Horse High, Bull Strong, Mongoose Proof, you inspection is invit
ed of any of the di0erent jobs completed or in course of erection on Maui.
Wailuku Park, Wailuku Gymnasium, Kuau Catholic Church, Mr. Antoue
Tavares, Makawao, and many others. Satisfaction is the word wherever we
have put up this fence.
We shall be pleased to put up fences for you, or sell you a machine. We
are sole agents for the manufacturers.
We also manufacture and import monuments, safes, etc. Designs and
and estimates furnished.
J. C. AXTELL,
P. O. Box 642 ' 1 1048-1050 Alakea St. Honolulu.
Uime Uable3Cahului Slailroad Co.
The following schedule will go into effect July 1st, 1909.
Paia . .
KLeihuilui Railroad Co.
, ALEXANDER & BALDWIN, LTD.;
ALEXANDER & BALDWIN, LTD., Line of Sailing Vessels between
San Francisco and Hawaiian Ports;
AMERICAN-HAWAIIAN STEAMSHIP CO.
MATSON NAVIGATION CO.
HONOLULU-KAHULUI-HILO and HAWAIIAN PORTS
Wilhelmina Dec. 21
Hyades . . Dec. 15 Jan. 9 Jan.
Enterprise Dec. 31 ' ..
Lurline . . Jan. 4 Jan. 16 Jan.
Hilonian . Jan. 4 Jan. 27 Jan.
Wilhelmina Jan. 18
Honolulau . Jan. 20 Jan. 30 Feb.
Hyades . . Jau. 26 Feb. 22 Feb.
Enterprise Feb. 4
Lurline .. Feb. 4 Feb. 14 Feb,
Hilonian . Feb. 16 Mar. 9 Mar.
Wilhelmina Feb. 15 -
Honolulau . Feb. 21 Mar. 6 Mar.
Hyades . . Mar. 9 Apr. 1 Apr.
Lurline . . Mar. 9 Mar. 20 Mar.
Enterprise Mar. II
Wilhelmina Mar. 15 . ,
Honolulau. Mar. 2$ Apr. 4 Apr.
Hilonian . Mar. 30 Apr. 25 Apr.
Lurline . . Apr. 9 Apr. 19 Apr.
Wilhelmina Apr. 12 -
Enterprise Apr. 15 -
Hyades . Apr. 20 May 12 May
Houolulan . Apr. 26 May 5 May
Wilhelmina calls at Honolulu and Hilo.
Lurline calls at Honolulu, Kahului and Port
Honolulau calls at Honolulu, Kaanapali,
Hyades via Puget Sound to Honolulu, Port
No. I, 1911
"Dates for urrlval at and
change without notice."
hZA I) A
Hawaiian Islands Arrive lnV9(ra
e. p. j6
.... Dec. 27 Jan. 4 Jan. 10 12
II Jan. 3 Jan. 11 Jan. 21 17
- Jan. -8 Jan. 18 Jan. 27 81
j8 Jan. 11 Jan, 20 Jan. 28 30
28 Jan. 23 Jan. 1 Feb. 8 49
Jan. 24 Feb. 1 Feb. 7 13
1 Jan. 27 Feb. 4 Feb. 12 1
23 Feb. 14 Feb. 22 Mar. 4 18
- Feb. 13 Feb. 23 Mar. 5 82
15 Feb. 11 Feb. 21 Mar. 1 31
11 Mar. 6 Mar. 15 Mar. 23 50
Feb. 21 Mar. 1 Mar. 7 14
7 'Feb. 28 Mar. 10 Mar. 18 2
, 3 Mar. 28 Apr. 5 Apr. 15 19
21 Mar. 16 Mar. 25 Apr. 2 32
Mar. 20 Mar. 30 Apr. 9 83
. Mar. 21 Mar. 29 Apr. 4 15
5 Apr. 1 Apr. 11 Apr. 19 3
26 Apr. 17 Apr. f$ May 3 51
20 Apr. 16 Apr. 26 May '4 33
... Apr. 18 Apr. 26 May 2 16
Apr. 24 May 4 May. 14 84
13 May 9 ' May 17 May 27 20
6 May 3 May 12 May 20 4
Hilonian via Puget Sound to Hone
lulu, Port Allen, Kahului and Hilo.
Enterprise to Hilo direct.
Freight and combustibles only.
all Conflicting Schedules.
departure from Kahului subject to