Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-08-16
OFFICIALS INTERFERE
in GRAND JURY WORK

through any loophole and consequently
1t became necessary to call a Grand
Jury though the Attorney General did
not want one at this time.
THE Court now finds there Is to be
no necessity for this Grand Jury or
why the Grand Jury should be in exist
should be reported upon and you
should return what bills you now have.
1T would perhaps have been better
not to have called this Grand Jury but
the Court understands that the Grand
Jury takes It's law from this Court.
If the Attorney General appealed these
cases. and the Court erred, is not q
matter for the consideration of the
Grand Jury. Though the Court has
given you instruction In regard to the
law you have seen fit to disregard It,
and taken the statement of the Attor-
ney General on a matter of law. as to
whether the decision of this Court was
right. This action on the part of the
Attorney General Is wholly unprece.
dented. His duty is to advise you as
to indictments. not to tell you what
this Court should do in matters you
have under consideration, or how they
may he concluded. This Court does not
intend to hold the Grand Jury for three
weeks until the Supreme Court gives
its opinion in the habeas corpus cases
| want to say that consider the action
Of the Supreme Court In making the
statement in this matter to the Grand
Jury, as standing alone in the history
Of courts, within the knowledge oil
this Court"
Mr.. Cathcart-"If the Grand jury
is adjourned until Tuesday will have
the indictments ready for signatures.
Il do not think the Grand Jury car
be adjourned. except from day to day.
replied the Court.
II would like to make a statement,
, said Foreman Ables, you said that
the Attorney General had taken part
in our deliberations
He stated SO to me. was the repl,
Of the Court.
Il beg your pardon" said Mr.. Cath
cart; you misunderstood me / stated
that | had advised the Grand Jury.
told them 1t might be a good idea
I'VE had called the Attorney Gen
eral into advise us, explained Mt
Ables. I'VE thought we needed the ad
vice of lawyers. We are none OF us
lawyers and thought there were som,
, questions that should be decided for u:
by lawyers. As to the idea emaUatir-
from the Attorney Generals depart,
ment concerning the habeas corpus
, cases, this is not true. II originated
III my own mind. and am willing l.
take the blame Tor ii. Mr.. CathcaTl
has not taken part in our deliberI'
ton. Relative to the communication
from the Attorney General, We CAV,
that to you with other papers. lOa
asked us concerning the men in Jail
re-arrested after being released on
writs of habeas corpus, and thought Il
proper TO investigate. We th, -
that the best way was to go direct 10
the head Of the Attorney Generals de-
partment, which had the matter In
charge. We thought 1t wise to see
the Supreme Court in regard 10 the
appeal before taking up the cases fur
Their. The Supreme Court told Us
that there might be 4 decision Tues
day. The members of the Grand Jury
feel that they have assumed the re-
sponsibilities of Grand Jury, and fee.
willing to continue, but we do not
think 1t our duty to find out whether
these men were illegally imprisoned
or not. We did not think II fitt.lg
that we should investigate these
cases"
Mr.. Castle, member of the jury:
u would like to say a word. These
cases were talked about and we were
willing to stay by the job until II was
finished. We don't want to shirk anJ
duty"
Il am glad, to hear that" remarked
the court.
To the Clerk Let me see your re-
port"
The court then read from the re-
port that the Supreme Court wDuiG
not give an opinion in the habeas COT.
pus matter until next week.
IF the Court is making a portion ut
the Grand Jury's report matter o.
record at this time" said Mr.. Cath
cart, Il object. The minutes Of the
Grand Jury are secret, absolutely IN.
violate and ought not be published -
THE Court always has a right 10
know what the Grand Jury Is doing.
Il do not think the law gives thai
right. The minutes are sacre nc.
even the official clerk o. stem ographc.
Is at liberty to see them. If this IL TO
be made a matter OF record the whole
report should be given
0 The Court has right to know
everything that the Grand Jury is do,
Ing. This is to be kept secret; 1t IL NOT
published"
Under the law all proceedings OF
the Grand Jury are secret, inviolaDle