The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-24


hall, with little ceremony. In the mean
time Judge Gear had planted himself
squarely against the door. McGurn
still excited from his first encounter,
started for the judge, You will go
next" he said, but at a nod from Judge
Perry he desisted from the half formed
intention to treat the court in the same
manner.
you will eh," said Gear. "I'll have
you cited this afternoon"
Both judges then walked away and
into their respective rooms. while Nc
Gurn reached out his hand to Ney, and
both shook heartily. Nothing personal
you know" he said to the grand jury
bailiff. There was temporary cessa-
ton of hostilities during the noon hour,
both bailiffs remaining in charge, each
firm in the belief that they were in
possession Of the room. In the after
noon when the grand jurors returned to
resume their labors, they were permit
ted to enter unnolested, though some
Of them were doubtful about the
chances of getting out again.
Upon the opening of court in the aft
ernoon Judge Gear called the foreman,
Prince David, into court and stated:
when the grand jury informed this
court, that the room occupied by them
was uncomfortable, I told the Attorney
General 1 had no jurisdiction over this
building. and could make no order
changing the grand jury. room, but that
the grand jury could take it's chances
in finding other quarters. This the
4 40
charge of Chief Justice Frear's ROOM
Today one of the justices of the SUI
preme Court through his orders, by
force and otherwise attempted to re-
gain possession of the room. I have
been authorized by the Department of
Public Works to have you remain in
that room, and In possession of it until
the Chief Justice returns, and the Board
of Public Works authorizes me to state
that this room is now officially occupied
by the grand jury, and you will take
charge of THE room as foreman" ~
Bailiff Ney was next called in and to
him the court said: Having been au-
thorized by the Board of Public Works
that the grand jury may have the use
of the Chief Justices room, the court
of that room and to hold it by force,
and the court will further instruct you
that If anyone interferes with your pos
session to notify the court"
Judge Gear thereupon directed that a
citation be issued for Deputy McGurn
for interfering with the court and
grand jury but afterwards revoked
the order.
When asked about the affair after
wards Judge Gear said: "McGurn came
to me afterwards and apologized, which
accepted as satisfactory. I have no
wish to mix into the controversies and
realize that McGurn was simply acting
under the orders Of Judge Perry
I shall take no further action in the
matter said Justice Perry, Il simply
wished to have the responsibility fixed.
Neither Judge Gear or Deputy Davis
had given the grand jury authority to
enter Chief Justice Frear's private
office, and thought that some one
should be willing to stand for their
action. When Judge Gear placed his
back against the door he admitted his
responsibility in the matter, and I
stopped right there, as that was the
whole contention. II he had stated in
the first place that the grand jury was
occupying the room by his authority
there would have been no trouble, but
both he and everyone else gave out the
impression that the grand jury went
into that room without permission
AT the Department of Public Works
it was learned that both Justice Perry
and Judge Gear had called in regard
to the use of the Chief Justices cham
bers, and both court officials were told
that the Public Works Department
would not interfere. AS far as could
be learned yesterday no order had been
issued for the use of the room by the
grand jury, and it was also stated that
the board did not intend to participate
in the controversy and both Gear and
Perry had been informed that the
judges must settle their own troubles. .
Later in the day Judge Gear issued an
order stating that Chief Justice Frear's
chambers had been assigned to the
grand jury until the return of that Of
fetal, under the authorization of the
Public Works Department.