The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-09-23
.CLASH BETWEEN COURTS in JAIL EIGHT MONTHS.
SUPREME AND CIRCUIT BAILIFFS
IN A FIGHT.
Associate Justice Perry Tries to Gust
the Grand Jury From Justice Frear's
Chambers.

Supreme Court Bailiff McGurn, on an |
order from Justice Perry, the only I
member of the Supreme Court here,
this morning attempted to take possess I
sion of Chief Justice Frears chambers,
in which the Grand Jury of the First
Circuit Court has been installed, and
as a result there was a personal en-
counter between McGurn and Baiiin
Ney of the Grand Jury. 1t ended with
Ney bein~ put out of the way, but
Judge Gear happened alonu and stood
guard himself, and Perry, who was
present, stopped the Supreme Court
baiIiff from attacking the circuit judge.
McGurn was ordered tins morning by
Perry to take possession of Chief JUS
tice Frear's room and exclude the
Grand Jury. The jury had occupied
the room since Friday at noon, when
Deputy Attorney General George A.
Davis asked Judge Gear to supply them
with another room than that of the
stenographers, suggesting Frear's
room. Judge Gear said that he had no
authority to assign Frears room, but
that the jury could go into Frear's
room as far as he was concerned. The
jury moved in at once, and a paddock
was duly placed on the door.
This morning a written notice, in the
handwriting of George A. Davis, ap-
peared on the door of Frears room. 1t
announced that the room had been talk
en- by the Grand Jury and that no per-
| son, aside from members of the jury
the deputy attorney general and wit
nesses called, should enter the room.
At about noon today Justice Perry
personally tore this notice from the
| door. Supreme Court bailiff MGGurn.
| who had been ordered to GUST the
Grand Jury, was waiting till the jurors
| &c, InFN L.,
( ceeded to carry out his orders.
McGurn got one of the messengers
of the judiciary building with a screw
! driver, to take off the new Yale lock
| that had been placed on the door of
I Frear's room. When the messenger
began, Grand Jury Bailiff Ney interfer-
ed. He threw the messenger aside and
| stood guard at the Grand Jury door.
! McGurn came to protect his meSSen-
| ger and there was a mix-up between
the bailiff of the Grand Jury and the
bailiff of the Supreme Court. McGurn
is big, athletic siXfooter, and Ney is
| small man. and Ney was soon on
the ground, with McGurn on top. A
crowd of lawyers and others gathered
| in the meantime.
judge Gear was among those who ar
rived after the trouble, and he came
| personally to the defense of the Grand
Jury. He stepped in front of the door
and defied McGurn to throw him aside.
Justice Perry was also present. For
a moment it appeared that McGurn
was going to 20 after the Circuit Judge
as he had gone after the Grand Jury
! bailiff.
"I'll do that too" replied McGurn to
Judge Gear, in response to the latter's
action in stepping in front of the door
and defying the bailiff to thrown him
out.
A sign from Justice Perry restrained
McGurn, and the spectacle of a Circuit
Judge and bailiff of the Supreme court
in a physical encounter was avoided.
The Grand jury room, otherwise Chief
Justice Frear's quarters, remained
locked and under the control of the
Grand Jury.
All sorts of wild rumors spread about
the judiciary building after the trouble
1t was reported that Judge Gear had
asked United States Marshal Hendry to
assist him in keeping the Grand Jury
room, with its records, inviolate, and
that United States troops would soon
be on hand to defy the authority of the
Supreme court as exercised by bailiff
McGurn.
, A temporary armistce was declared
by all parties. During the noon hour
the door remained unmolested, and the
two bailitfs agreed not to go at one an
other again. McGurn was there and
in his idea he had charge Of the room
I and Ney was there, also under the i'm
s preston that he was running the cham
g ber.
f AS an incident of the encounter a
e meeting between the two bailiffs just
: after their struggle Interested a num-
e Der of spectators. McGuTn and Ney
are not personal enemies, and after Nc
Gurn had laid Ney out in very short or.
der he went over to the Grand jury bal.
lift and offered to shake hands
ITS nothing personal" said the Su
preme court bailff, but duty first yoI
: known"
, Ney extended his hand and the two
4 bailiffs shook hands, anL were friend!
again. They made up truce, until the
circuit judge and the Supreme court
justice could fix up the row. The Judi
ciray building is under the supervision
of the supreme court and, as the
only member of the court present, Per.
ry is said to be the man who controls
the building. The Grand jury went in
without him at all,
The reason for occupying the room
was a claim that the room used by the
stenographers was too hot, The kick
was made by Davis, who suggested in
Gears court that the room of Justice
Frear was vacant and might be used
Judge Gear remarked that ne did not
CollIOl the DullulIB anu COulu not make
an order for the jury to take the room
but that as far as he was concerned
the Grand jury could occupy Frear's
room if it wanted to.
During the noon recess Judge Gear
saw the Department of Public Works
and from them received the necessary
permission to make use of the vacant
room until the return of Justice Frear
Bailiff Ney was given orders by Judge
6 Gear to replace the notice upon tn,
door and to give warning If anyone at
tempted to tear the same down or
s amper in any way with the door of the
room.
"The Grand Jury" said Judge Gear
made a complaint to me OF
the heat of the rooms in which they
were confined, a matter in which car
easily sympathize, my own room being
frightfully hot. There were only two
'ooms vacant, Judge Frear's and Judge
Humphreys, the latter of which Is fully
as hot as my own. The fire claims court
fCOnfInnad - na ura duaN.