Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-08-16

Following Is the stenographic report
Of the proceedings in the Circuit Court
yesterday afternoon:
Il understand you wanted to see
me-" said Mr.. Cathcart. addressing the
Court.
1T has come to the knowledge of the
Court that you advised the Grand
Jury to see the members of the STU
preme Court regarding the appeals in
the habeas corpus cases" responded
Judge Gear. is that the case?"
81 think ] had some conversation
with them in regard to the matter"
DO you consider that to be your
duty as Attorney General?"
81 think So
II think that you were also con-
sidering the habeas corpus cases with
Chief Justice Frear.''
mo, don't think was
Chief Justice Frear told me that
you had been. Do you say you were
uot?"
Il talked with him a minute. and
the habeas corpus cases were mention.
ed, but we did not discuss them"
Did you advise with him concern.
ing the case?" questioned the Court.
Il would like to inquire II am here
in any other capacity than that of AT.
torney General?"
Yes, as a witness"
I'm what case?''
This case: the habeas corpus mat.
ter. Swear the Attorney General"
Il decline to be sworn In this mat
ter" said Mr.. Cathcart.
DO you mean that you decline to
make these statements under OATH"
mo. sir; | mean decline to answer
these questions. The Court has no
right to ask them
THE Court finds you guilty of con.
tempt and will impose fine of fifty
dollars. II It is not paid by tomorrow
noon the Court sentences you to be
confined in Oahu prison until 1t IL
paid"
Gentlemen o. the Grand Jury" said
Judge Gear. the court has inquired OF
the Attorney Generals department
concerning certain facts. have been
informed that the Grand Jury con.
sidered the question of appeals In the
habeas corpus cases, and. in accord
ance with such deliberations. admitted
the Attorney General to take part In
such proceedings. That acting upon
the advice of this attorney, Mr.. Cath
cart, you proceeded to the Supreme
, Court and consulted the Chief Justice
in regard to the matter. This Grand
Jury has been called, as have often
reiterated. In regard to the considera.
ton Of the habeas corpus cases. Tht
law gave the Circuit Court the RICH,
to release men illegally restrained un.
der proper application through writs
OF haGeas corpus. The code gave this
Court the right to act In these cases
and this Court did act. Under the de-
cisions of the Supreme Court and the
United States courts there is no APP
peal from an order releasing a man by
virtue of habeas corpus. and II was ap.
parent to this Court that no appeal
would lie. In spite of that the Attor-
ney General insisted on the right to
appeal and has brought the matter be-
fore the Supreme Court This Court
may have been In error in refusing the
appeal and the Supreme Court may
hold and this Court thinks 1t will hold
that | am In error. The Chief Justice
said that the appeal will be sustained,
and that there would be one dissenting
opinion. and that the decision Is ready
now excepting the dissenting opinion"
If the Court please" interrupted
Mr.. Cathcart.
THAT is what the court told me-"
said Judge Gear. The court told
me the decision would be ready Tues.
day"
THE court said there might be a de-
c!sion Tuesday" int rrupted l.. C.
Ables foreman OF the Grand Jury.
II understand that while this Grand
Jury had these cases under considera-
| lion" continued the Court. the Chief
Justice told you what its action would
be In the matter. This action on the
/ part of the Supreme Court is unparal-
leled. ! never heard of Supreme
Court telling Grand Jury thing OF
this kind. The Grand Jury Is a part
of this Court and when 1t does not act
as Il part of this Court its usefulness
Is at an end. The Grand Jury evident
ly does not think 1t ought to follow
the instructions of the Court, and It
can be of no further service. The
Grand Jury is discharged.
1T is not proper for the Supreme
Court to talk with the jury. II the
| Grand Jury wanted TO talk with the
Chief Justice 1t could have summoned
him as witness. The Court may have
erred in calling you; but 1t did 1t for
this reason: The Court did not want
these men held contrary to the law
and constitution and IT did not want
it said that they were being held be-
cause the court did not call Grand
Jury to hear their cases. This Court
was unwilling to let these men escape
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