The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-08
JUDGE GEAR
IS ANGRY
Threatens the Dis
charge Of the
Grand Jury.
HE DOESN'T LIKE
DOLE'S ACTIONS
Dunno Raises New Question in
Chinese Deportation Case.
Circuit Court Notes.

Judge Gear does not relish the idea
of the Attorney General getting the best
of him in the habeas corpus cases,
which he evidently thinks he has done
by appealing from his decision and also
presenting the same cases to. the Grand
Jury for Indictment.
Yesterday afternoon Judge Gear call
ed the Grand Jury in for the second
time, and bluntly told them to call up
on Attorney General Dole for an ex-
PLANTATION, and If he still persisted in
his appeal to the Supreme Court to no.
|tify the court and he would discharge
the jury
The Grand Jury had been consider
ing cases of other men held upon the
order Of the District Court as they were
presented by Assistant Attorney Cen
eral Cathcart, and to this quite regu-
lar proceeding the court objects.
Il called you in at this time said
he after the jurymen had slowly flied
into the court room, ito cali your atten-
ton TO the fact that cases of the de-
PENDANTS who are imprisoned have
been appealed to the Supreme Court. l
have since been Informed indirectly
that the Supreme Court is only to list
en- to arguments as to the right of ap-
peal.
The Grand Jury was instructed that
the principal business to be brought
before it was these habeas corpus cases
and the court does not want your time
taken up with matters of lesser inn
portance. If the Attorney General does
not intend to bring these matters to
your attention l shall order the jury
discharged. The Grand Jury was call
ed to consider these cases. Mr.. Dole
wanted it postponed, but l called the
jury at this time because | understand
that Mr. Dole wanted soon to leave to
get married Mr.. Dole is doing all he
can to get around the order of this
court, and 1 shall certainly not help
him get around my decision. The At
torney General is taking two. positions.
and his actions are not consistent he
should take either one or the other horn
OF the dilemma and not try to strad
die both. If these cases are not taken
up before Monday the jury will be or
dered discharged. You have a right to
inquire what the Attorney General in
subpoena either him, the justices or any
Judge or officer"
Mr.. Cathcart replied to Judge Gear
stating that he had received no in
structions from Mr.. Dole to delay the
habeas corpus cases. and that he could
not present them before he had prepar-
ed his evidence. He stated that he was
taking up the cases as rapidly as he
could, and was trying to dispose of all
prisoners awaiting the action OF the
Grand Jury. He saw no reason why
the Attorney General should not use
every means in his power to secure the
conviction Of the men released by ha-
beas corpus.
Foreman Ables asked that if the jury
learned that the appeal. was to be heard
by the Supreme Court they were to
discharge the prisoners, and the court
replied by requesting them to report
to him as soon as they learned the in
tentions of the Attorney General, and il
1t still was shown that he was both ap-
pealing and at the same time attempt
ing to secure the indictment OF the
prisoners, he would discharge the jury,
and upon proper application release the
prisoners from confinement. I
TRIAL JURY CALLED.
At the opening of court yesterday
the trial jury was called by
Judge Gear S. NJ. Damon, p. C. Jones
and J. 8. Walker failed to respond to
their names and the court was about
to issue bench warrants for their APP
pearance, when two of the recreants,
Damon. and Walker, appeared. Jones
had been excused. until next Monday.
Is. ANOTHER LAND CASE.
The case of Sister Albertina, trustee,
VS.. the NKapiolani Estate and others
was then called. and the following jury
drawn to hear the evidence: w. A.
Baldwin, E. K. Hanapi, w. e: Rowell,
e. S. Holt, J. A. Legros, T. Krouse, g.
Kekauoha, d. b. Renear, r. c. Lane,
A. w. Pearson, B.. Naukana- j. s.
Walker.
Soon after the case was started the
jury was excused to allow the arsu-
ment of law point, namely the valid |
ity of a will which would have vital
bearing on the points at issue, and the
ruling upon which was likely to be de- II
cisive,