The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-16

4-tF@-@8 A34 &aa44&
Wh@n the procee6lngs hrcrzhs q,
the fact that the Supreme Court wns
% hear shs hebezs corpzs appeals a.
Attorney General Dole ana also sAsr
Chief Justice Frear had permitted
Foreman Ahles OF the grand Jury e
consult vith him IN regard to the Ia
bees corpus eases there vas mach
nurmurfng n the courtroom. the mat,
ter being discussed among those pres.
eat In deeply interested whispers.
Above the hlzx Of comment Chief
Justice Frear vas severelr criticized
by Judge Gear for allowing Ables TO
consult with him on matters before
the grand jury.
Shortly after O'Clock in the AFTER
noon Judge Gear summoned the grand
JURY again into the courtroom and ad-
dressed it on the subject OF the con
sultation with Chief Justice Frear.
It seems that Judge Gear had been
looking into the matter for his own
benefit in order to ascertain as to
what had been transporting. coming TO
the conclusion that the Attorney Gen
erals Department had been giving ad-
vice to the grand jury in the matter
OF the habeas corpus cases. contrary
to the instructions which Judge Gear
had given to that body.
The Judge had also ascertained the
fact that Foreman Ables had had
consultation with Chief Justice Frear
When Deputy Attorney Cathcart
was asked by the Court of what had
taken place at the consultation be-
tween Foreman Ables and Chief Jus
tice Frear. the Court desired that
Cathcart be sworn
Cathcart refused to be sworn. how.
ever. as a witness. although he told
what part he had taken in the con
sultation.
1t was then that Judge Gear fined
Cathcart $50 for contempt of court.
afterward going on with his address
to the grand jury.
The Court told the jury that it had
been informed that the grand jury.
with the approval and consent OF the
Attorney Generals department. had
had consultation with the Chief Jus
tice of the Supreme Court in the mat
ter of the habeas corpus appeals from
the First Circuit Court The informa-
ton had been given out by Chief Jus
tice Frear that the appeals of the At
torney General would be considered
by the Supreme Court and that there
would be dissenting opinion
You may say that | stated = said
Judge Gear to a reporter when after
ward asked concerning the matter.
that the action of the Chief Justice
in consulting with grand jury of this
court is unparalleled as far as this
court knows
This grand jury is part of this
Court" said Judge Gear. addressing
the grand jury. ~and when it ceases to
act as such it has outlived its useful
ness The jury was called for the pur-
pose of looking into these cases of
men set free on habeas corpus in order
that everything might be done to see
that they were given a legal trial. Ii
was and is very apparent to this
| Court that no appeal would lie from
such a decision, but the Attorney Gen.
eral saw fit TO take an appeal, and
now the Information has been given
out that the appeal will be heard
This Court NAV have been in error
| calling grand jury at all and
events that have transpired since have
made it inclined to think so, but at
| any rate, as long as the grand jury
does not follow the instructions of this
| Court. it has no usefulness.
The law for this grand jury is what
is given by this Court For any mem
Der of Supreme Court to talk to a
member Of the grand jury in the way
shown here IS unparalleled as far as
this court knows. Il is an act that
stands all alone in the history of ju.
lrisprudence.
Judge Gear went on to say that he
had been informed that Cathcart had
taken part in the deliberations OF the
grand jury. He stated that CathcaTs
had told him he had not seen Frear.
while Frear had admitted that he had.
Foreman Ables here informed the
Court that Cathcart had not taken part
In the deliberations OF the grand Jury.
Abiess went on to explain that. Cath
cart vas not responsible for the talk
with the Chief Justice in regard to
the habeas corpus cases Abies said
that he was the one to blame. the idea
having originated with him He ex-
planned that the grand jury was not q
body Of Lawyers and that his action In
the matter might have been wrong
Cathcart explained that he had been
esked by Foreman Ables about seeing
Chief Justice Frear snd had advised
Ables that he thought 1t was a very
good idea. cathcart added that II the
Court was going 10 discharge the jury
he suggested It's allowing the fury
time 70 finish work already begun
Judge Gear here reiterated much
that he had already said 10 the grand
jury on different occasions In regard
20 its duty and it's relation TO the
Court which had called Il. going al