The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-16
Gear Tells Grand
Jurors to QUIT
Work.
HABEAS CORPUS
CAUSES SPLIT
Circuit Judge Scores Chief Justice
and a Question of Veracity
Is Raised.

THE names WHICH Hdu beeH SiHolu-
/ ering for a week in the Circuit
Court because of the action of
oa Attorney Generals Department in
,bs babeas corpus cases burst forth in
ferv outbreak yesterday afternoon
rbicb involved Chief Justice Frear,
ru5ge Gear. Deputy Attorney General
Catbcart and the gentlemen of the
Grand Jury. AS a result Mr.. Cathcart
zas fined fifty dollars for contempt,
Thich was afterwards remitted by
Judge Gear, and the Grand Jury will be
discharged Tuesday without consider
lpg the cases of the prisoners released
oy the court upon habeas corpus and
afterwards rearrested.
During the morning there were sew
sral Indications of coming storm, but
vas not until afternoon that the cl1-
max came. The Grand Jury was called
ta several times in the morning, when
Judge Gear inquired as to their action
in the habeas corpus cases. Deputy
Catheart had been asked by the Grand
Jury for advice, to which the court OBJ
scted, upon the ground that he him
,slt was the proper person to whom 10
apply for legal advice. Mr.. Cathcart
mad suggested to the jury the advisa-
9ilty Of looking into the appeal to the
Supreme Court in this connection, and
Il came to the ears of the court that
Mr. Cathcart and Mr. Ables had con-
suited the Chief Justice together. This
Il appeared later was not the case, and
Foreman Ables reported that he had
seen Chief Justice Frear, who had told
him that there might be ruling upon
he question of appeal next Tuesday
This seemed to satisfy the court at the
tine and the jury was again sent out.
At o'clock, while the court was hear
ng the Chinese divorce case, Mr.. cam
cart appeared in answer to summons
IRON Judge Gear. The court Immediately
Fstponed the divorce proceedings for a
ID! in order to give the Deputy Attor=
lE. General hearing.
understand you wanted to see me,
aid Nr. Cathcart, addressing the court
II has come TO the knowledge of the |
s0Ll that you advised the Grand jury
see the members of the Supreme Court |
i5saEding the appeals in the habeas cor
lss cases, responded Judge Gear. rs
nat the ease?'
mink l had some conversation with
-sla IN regard to the matter"
10 you consider that to be your duty !
: attorney General?"
= think So"
,nink that you We're also consider |
Is me habeas corpus cases with Chief /,
'-stce Frear."
~ 40 don't think I was"
C."el Justice Frear told me that you |
81 oesn' Do you say you were not?"
k,, @iAed with him a minute, and the |
, IS sss corpus cases were mentioned, but |
y - ld not discuss them"
IL, ~ you advise with him concerning |
~ .aSs questioned the count, angrily. |
,r- ~y'id Ike to inquire If 1 am here in
'nsrsl?" '-'''ii 'i'F'' VI "a ''oi ny
ts as witness"
II what case?"
srs..s case; the habeas corpus matter.
TsaF ~s the Attorney General"
81 1'eFS rose to obey the order.
ala ~ !.e 10 be sworn in this matter"
4 aess ..' .oa mean that you decline to make
/ "a, 0'@tementS under oa tn 7',
/ a4ss SIT, l mean l decline to answer
o ssL L4aeSuons. The court has no right |
! ri nm 1'lft finds you guilty of contempt
th ,' impose a fine Of fifty dollars.
cur s not paid by tomorrow noon the
osb9 se,hlences you to be confined In
he c,,s5h c,.,soh untn it is paid"
Oh. G,and Jurymef were next to re-
sso ole Ie courts attention. thew having
Gans,Iea a,lea into the court room.
hdp.s- .-tlenen nen Of the Grand jury" said
lie s,to-a the court has inquired of
tsrpi,- if,,.'OFney Generals denartment con-
h'med -, an facts. [ have been in
Gs ,yu NV that ahe Grand Im,.v considered
''ipas Gu oi appeals in the habeas
a.b cases and, in accordance with
! e s-sI,"Iions, admitted the Attor-
tbs nat acting upon the advice |
sstsd ~ t,o,'orney, Mr.. Cathcart Won pro
stes w j" Inc Supreme Court and CON
aaisr N,e ~ Chief Justice in regard to the
: bsri anis Grand Jury has 1een called
eorsia Often reiterated. in gegard to |
Ss. Tbe ION Of the habeas corpus
"a" gave the Circuit Court