The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-16
REGARDING HABEls CORPUS CASES
THE SUPREME COURT JUSTICE
SEVERELY CRITICIZED
sY JUDGE GEAR.
Grand Jury win Be Discharges As
Soon A Work Begun Is Finished
Attorney csshesrs Fined FOR
consemps-Fine RENTED.

Events in Judge Gears court took
upon themselves something Of an ex-
citing nature yesterday, His Honor
having occasion 10 call the grand jury
to task for the manner in which It
has been handling. or not handling.
the habeas corpus eases. and also find
Ing Il necessary TO fine Deputy Attor-
ney General Cafhcart for contempt Of
court, although. after satisfactory ex-
plantations had been made. Cathcart's
fine was RENTED by order OF the
Court
When the Circuit Court opened for
business yesterday morning Judge
Gear instructed the bailif to call the
members of the grand jury into the
courtroom. Upon the entry OF the
jury into the courtroom Judge Gear
had brief conversation with Foreman
L. C. Ables, after which he instructed
the jury to retire to prepare a written
report on the work accomplished by
that body up to the time of making
the report.
The grand jury retired as instruct
ed and. at IL o'clock. returned to the
courtroom. handing the written report
to Judge Gear.
After hastily looking over the docu-
menk Judge Gear said. addressing the
grand jury. Did you make any in
quiry concerning those men still re-
naming in jail under convictions made
during the transition period ?','s
We did not have list Of the
names. answered Foreman Ables.
Secretary Peterson was then sent TO
procure the list of names. which he
obtained and delivered to the Court
Have you done anything in the
habeas corpus cases?1 inquired Judge
Gear
no" responded Foreman Ables.
why not?' asked the Court
Because" answered the foreman OF
the grand jury. ION Tuesday the At
torney General was not present in
court and We went to work on two
other cases We asked yesterday tc
be allowed to finish these two Other
cases. We finished them last night
Judge Gear, who had. during the
answers of the foreman, been engaged
In running over the report handed tt
him. came across a certain papei
which caused him TO remark:
Here's a communication from tn,
Attorney General What is this aboutg
1T Is reply to communication
sent to the Attorney General by us.
answered Foreman Ables.
! Thereupon Judge Gear proceeded L
read from the Attorney Generals com
mnnication. He read: "The prison
ers referred to were illegally convicte'
snd are not entitled to liberty on ha
beas corpus
! His Honor paused. He was evident
" much surprised. Addressing Fore
man Ables. he said:
Il thought that instructed Ia
grand jury that it should not call upo
the Attorney Generals department 10
. legal advice but that It should com
, 70 this Court for Instruction in matter
pertaining to the law II the gran
jury does not intend to obey the il
structions Of this Court It shall
; discharged.
] We are trying to do that to tn
best Of our ability" said Forema
Ables.
/ Cathcart then moved that ali pris
oners be dismissed against whom n
hIlls had been found by the grand iur
and against whom no other charge
we're to be brought Gear said tbs
this would be done when the repol
OF the grand jury showed that III
cases had been investigated and u
hills had been found The Court the
Instructed the jury to return to Il
iahors.
In the afternoon. upon Deputy Al
torney General Cathcars being aske
hy Judge Gear concerning what dh
cnssson be had had With the gran
jury IN regard to the haheas c0rpn
cases. eathcart refused to Be swor
and testify IN the matter. wherenpo
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