The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-16

planned that he did not mean to be dis
courteous. the court will remit the fine
;mposed upon him. The court does not |
want the enmity of the Attorney Gen.
erals department, and prefers to con-
tinue the pleasant relations hitherto ex- |
isting. The court believes If there was |
any discourtesy it was in the heat OF the |
moment The only way that this court |
may protect itself is by such fines The
court does not consider that 1t erred, but
in view of the explanations will remit
the fine imposed"
WHAT MAY HAPPEN.
When the Grand Jury which was
called by Judge Gear two weeks ago is
discharged next Tuesday, which is the
present program, another chapter Will
be added to the tale of the contentious
in the judiciary department of the gov
eminent of the Territory of Hawaii
That there may be another chapter is
the opinion of many members OF the
bar. who. knowing that not more than
one-haIf of the cases which should
have been considered by this Grand
Jury have been brought before it, are
of opinion that another jail delivery
may be had. This may be secured py
attorneys who will claim that their
clients are held without trial, to which
they are entitled.
The proceedings in the Circuit Court
Yesterday have aroused much discus
sion. and there will be more before
| there is less, for the men who have
been brought into such prominence are
not those who will be thought guilty or
! negligence of the interests of the peo-
pie. despite the arraignment from the
bench question which is brought
out by the action of the Judge was
arHn
the power of the judge to lay out .the
work of the Grand Jury in its entirety.
leaving no rights to the Grand Jury at
all. Members of the Grand Jury and
others who have served on similar bod
les in the older States and Territories,
say that the court may not absolutely
prescribe the order in which the jury
must consider cases, and the attempt
in this case shows that the procedure
is as new as Is the institution to the
people of the Territory.
CHIEF JUSTICE FREAR TALKS.
There seems to be a question OF
veracity involved as well. Justice
Frear of the Supreme Court, said last
evening: THE statement that l had
said that the Supreme Court would
consider the appeals in the habeas cor
pus cases, and that there would be a
dissenting opinion, is absolutely false
I have never made any statement &c
any person which would give any idea
as to the action of the Supreme Court
in this matter. When the foreman OF
the Grand Jury came to me, consid
cred that he came as public officer
wanting information which was per
fectly proper for him to have. His
question was whether or not an opin.
ion might be expected soon. an
swered that an opinion might be pre-
~
would be filed no one could tell II
e case there should be a dissenting opin
ion, / said, it would take some TIM
I for it's preparation. and time would b.
: given for that There was no advic.
: asked, and the only point volunteered
: by me was the suggestion that tn
t Grand Jury should follow the instruc
e tons of the judge. l had talk wit!
Mr. Cathcart, but there was nothins
I said as 10 the action Of the court
S L. C. Ables, foreman of the Gran,
o Jury said. when asked for state
g ment as to the action of the jury
When the Grand Jury met it was in
j structed to take up the habeaS cor
pus cases and such other matters a
= might come before us. We addressed
communication to the Attorney Gener
al for a list Of the cases which were t
g be brought, and then asked when n
: would be ready to proceed with tn
e former. We were told that this woul
J. be done on Monday. On that day tn
n jury was excused, as it was a holiday
t Tuesday the Deputy Attorney Genera
d was i'll, and Wednesday we discusse
two other cases This cleared tn
e decks for the habeas corpus cases an
d we should have taken them up thi
J., morning Instead. we We're called int
"a court four times. and had no chanc
IT to get to work. The Deputy Attorne
General had his witnesses ready an
w we could have proceeded.
We had no advice from the AttoI
- ney Generals office as to our course {
~ procedure which was followed
~ conceived the idea Of asking the Chic
10 Justice as to when we might expeC
=. an opinion on the habeas corpus mai
ters. / presented the suggestion to m
fellow jurymen and it was the unan
:. nous opinion that this was the WIS
- course to follow. We then asked til
Deputy Attorney General if there wa
anything improper in this course, an
te he told us there was not. There Wa
- no advice asked of him, and he gay
none. | called on the Chief JustiC
~ and asked him what might be expec
y, ed His answer to me was that theI
might be an opinion ready by ne1
D. Tuesday. but that if there was a di
senting opinion it might be later.
Oh LAS | stated in court, the jury h
at endeavored to do its duty so far as
'h was capable, and in my opinion tn
ey has been done. There was no inrentIC
no on the part of the Grand Jury to df
regard the instruction of the coul
er to be influenced in any way by di
AS ferences between the branches of Il
TX judiciary department"
gu NEY'S REVELATIONS.
on Emil Ney the fragrant bailiff w
bis has been in charge of the Grand Ju
ID for the time Of its sitting, was in
nj confidential mood last evening. a
VIZ had much to say of the happenings
I'll the past few days. He was In jul
liant frame of mind over the fining
NJ the Deputy Attorney General, and W
"a celebrating the undoing of the work
: the Grand Jury. He said. L ha
ha- been laying for the Attorney Gene
for thred or four days. Judge Gle
No told me to keep a sharp watch for hi
;rr and if any occasion offered. to thr
,aI3 him out of the jury room. He told
~. that the Attorney General had no ris
he in the room, as he might talk W
+ha the jury and so influence them