The Hawaiian gazette., 1901-05-21
lrrom Saturdays dauyj

court take IN the matter ~ the refusal
1T certain Territorial officials ana 9th.
ors TO testify before the grand jury LOO
the legislative bribery analr. is the up-
pcrmost matter In many minds this
morning. Judge Humphreys was OK
tremely rctitent last evening az TO ttg
Intentions.
Nothing tangible developed until yes
terday afternoons session OF the Jury
The attending witnesses yesterday
morning were dismissed by Foreman ..
O. Carter until y. M, and shortly 6f-
ter that hour the jury nle1 into the
court with the expected report on the
efforts OF the grand jury TO obtain in-
formation from Secretary of the Terri
tory Cooper, Attorney General Dole
and l.. A. Thurston. The reading of
the report created a mild sensation
among the spectators present, making
as II did. for the first time, any direct
reference to actual evidence that might
be obtained as to bribery OF legislators.
The report in full was as follows:
In the matter of Il. p. Dole:
BE II remembered that the Grand Jury
heretofore summoned, examined, impan-
elled, sworn and charged to serve as
Grand Jurors In the Circuit Court of the
o
Hawaii come into open court on this
nth day of May, 1901, and make com
plant in writing, which complaint is
duly subscribed by each and every MEM
Der of said Grand Jury, and winch COM
plant is. in words sentences and figures
as follows, to wit:
Room of the Grand Jury,
Honolulu, May II, 1901
Honorable A. S. Humphreys. Judge,
Circuit Court of the First Circuit,
Territory of Hawai-:
You will take notice that the Grand
Jury for the Island of Oahu, Territory
aforesaid had before it on the 18th day
of May last past. e. =. Dole, Attorney
General of said Territory, who, being du-
ly sworn, declined to answer questions
after admitting that the names of two
men had been given to him by Henry Il.
Cooper. Secretary of Territory, in conf
dence. upon the understanding that he,
f.. p. Dole, SHOULD not divulge the names,
and admitting that he Las some infor-
nation. true, that considered legal
evidence of attempts at corruption of
members of the Legislature, but as a
matter of honor felt he ought not to di-
vulge same. Being asked finally to give
names and information in his possession
fatty refused so to do.
THAT the said +. =. Dole more fully |
tify in a letter, which is APPENDED to
this as exhibit. Beng called again |
on the 18th day of May, and being duly |
sworn, stated: That he had nothing but |
hearsay testimony at that time as touch |
ing charges of bribery and corruption Of |
members of the Legislature; that he mad !
no legal evidence in his possession: said |
he declined to repeat any statement made
to him in the nature of hearsay, and
that any information given by him would |
close sources of other information and l.
defeat ends of Justice"
(Signed): ]. o. Carter, foreman Of the /
Grand Jury; A. V. Gear. o. Stillman,
John F. Colburn, S. c. Dwight, Edward
B. Mikalemi, c. H. Cooke, C. H. Brown,
G. E. Smithies. John d. Holt, Jr.. II. +
E. Mcintosh. e. C. Macfarane, j. c.
Cohen. G. c. Quinn, VIM. Allen.
Territory of Hawaii, Office of the At
torney General. Honolulu. II. l.,
May is. 1901.
"Mr Joseph o. Carter. Foreman of the
Grand Jury, Honolulu.
Dear Sir: At your request I take
pleasure In stating in writing the posi-
ton took before the Grand Jury In the
matter of alleged legislative corruption.
Certain men have told me what, as
they said, other men told them. This is
the sole and only knowledge which 1
have in the premises. and is hearsay and {
not legal evidence.
my chief informant as to what 9TH
ers told him. said that they made their {
statements upon his woru Of honor that s
their names should not be used until the
Government instituted prosecution. These !
names were given to me in the same =
confidence, and l do not feel justified in ,
assuming the responsibility of determin-
ing for my informant whether his pledge
shall be kept.
81 have given the Grand jury, to The G
best of my recollection, the name o. ev- t
cry person who has made a tangible I
statement to me or in my presence and I
hearing in regard to this matter. None 7
of these persons claim to know anything !
about 1t of their own knowledge.
1.-The law prohibits me, both as Attor- .
ney General and in the capacity of a =
witness. from making any statement to
the Grand Jury of my opinion as to the
truth or falsity of charges before them II
or what j think any evidence does or j
does not warrant them In doing. 1t is a
proper. however, for me to say that ] t
did not attempt to present evidence in
this matter at the present term of court a
for the reason that l believed quiet in O
which would necessarily I
take time, would enable a Grand Jury r
at the next term of court to obtain much
fuller evidence than 1t Is possible to OBJ T
tain now.
II may add that as l understand the ~
law. the head of a governmental depart o
ment having a matter of this kind in U
charge is, on the ground of public policy, p
privileged from testifying as a witness.
| have not, however, claimed the Irivi- II
ege / have no information In the mat c
ter except hearsay, and in the line of d
hearsay / have given the names of those A
who are one degree nearer its original =,
source. Very respectfully yours.
'E. p. DOLE,
Attorney General" A
And thereupon the Court doth order