The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-08-15
SAW The CHIEF JUSTICE
THE GRAND JURY is DISCHARGED
BY GEAR.
Judge Gears Severe Criticism of the
Chief Justice-Deputy Attorney Cen
eral Cathcart Fined $50.

Deputy Attorney General Cathcart
was fined $50 for contempt this after
noon for refusing to be sworn and tes-
tify as to what discussion he had with
the Grand Jury regarding the habeas
corpus cases, and the Grand Jury was
discharged, the discharge to take effect
as soon as business begun is finished
up. incidentally the proceedings
brought out the fact that the Supreme
Court will hear the habeas corpus ap-
peals, and Chief Justice Frear was very
severely criticised by Gear for allow
ing the foreman of the Grand Jury to
consult with him.
At two this afternoon Judge Gear
called the Grand Jurors into court and
proceeded to address them on the sub
ject of the consultation with Frear.
Gear had been making some investiga-
tions on his own hook, with a view to
nnding out what had been going on.
and he reached the conclusion tnat the
Attorney Generals department had
been advising the Grand Jury contrary
to the courts instructions also that
the foreman had been consulting with
Frear.
Cathcart was asked by the judge to
be sworn when he made his eXpiana-
tiOn of what had been done. He re-
fused to be sworn as a witness but told
what part he had taken. Judge Gear
fined him $50 for contempt and proceed
ed to continue his address to the jury.
| Judge Gear said that he had infor-
nation that the jury, with the consent
and approval of the Attorney General.
| had consulted with the Chief Justice
\
! beas corpus appeals from the First Cir
cult Court The Chief Justice had given
out the information that the appeals
| would be considered, that there would
! be a dissenting opinion. The action of
| the Chief Justice in thus consulting
with a Grand Jury of this court is un-
! paralleled as far as this court knows"
said Gear.
This Grand Jury is a part of this
court and when it ceases to act as
such it has outlived it's usefulness. The
jury was called for the purpose of look
! ing into these cases of men set free on
habeas corpus in order that everything
I might be done to see that they were
given a legal trial. 1t was and is very
apparent to this court that no appeal
would lie from such a decision, but the
Attorney General saw fit to take an
appeal, and now the information has
heard. This court may have been in
error in calling a Grand Jury at all
and events that have transpired since
have made it inclined to think so, but
at any rate, as long as the Grand Jury
does not follow the instructions of this
court, it has no usefulness.
THE law for this Grand Jury is what
is given by this court, For any mem
Der of a Supreme Court to talk to a
member of Grand Jury in the way
shown here is unparalleled as far as
this court knows. 1t is an act that
stands all alone in the history of juris-
prudence"
Judge Gear declared that he had
been informed that Deputy Attorney
General Cathcart had taken part in the
deliberations of the Grand Jury, alsC
that Cathcart had told him that he haC
, not seen Frear, while Frear had admit
: ted that he had. These remarks brough
, answers from both Cathcart and Abels
The foreman stated that Cathcart haC
not taken part in the deliberations o
? the jury.
} THE Attorney General was not re
= sponsible for the talk with the Chic
= Justice" said Abels. The idea ori
e ginated in my own head and l am t
7 blame if it was wrong, We are bod,
Y of men not lawyers, and it may hav
i been wronp."
! Cathcart said that he had been aske
by Abels about the seeing Frear an
= had said that he thought it a very goo
idea If the court was going to dis
+ charge the jury he suggested allowin
y it to finish indictments already begur
I Judge Gear spoke again at som
a length, reviewing the reasons for cal
f ing a Grand Jury. His remarks indicai
Il ed an opinion that the Supreme coul
o was going to reverse his habeas corpu
# ruling. He said he would not discharG
9 the jury at once, but would give tim
|, to enable the attorney general to dra
q up indictments waiting to be presented
d The jury will meet and adjourn froT
o day to day, but will take up no ne'
f ! buSiness