The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-08-16
WHAT ERtAR REALLY SAID
DIFFERS FROM WHAT GEAR SAYS
HE SAID.
Merely Said an Opinion Mi"ht be Pre-
pared by next Tuesday-Gave No In
timation of It's Character.

OF the apparent controversy between
Circuit JuuTe Gear, FOREMAN Ables of
the grand jury ana Chief Justice rrear
regarding what passed between Ine
later and Mr.. ADles and Deputy At
torney General Cathcart regarding
forthcoming decisions OIL the supreme
Court on the mater of the status of
prisoners convicted by less than twelve
jurors, Chief Justice Frear said this
morning:
The statement that 1 had said the
Supreme Court would consider the ap-
peals in the habeas corpus cases, and
that there would be a dissenting opin-
ion is absolutely false. L nave never
made any statement to any person
which would give any idea OF the ac-
ton of the Supreme Court in this mat
Ter. When the foreman of the grand
jury came to me l considered that he
came as a public officer. wanting in
formation which it was perfectly pro-
per for him to have. his question was
whether or not an opinion might be eX-
pected soon. | replied that an opinion
might be prepared by next Tuesday but
that when 1t would be filed L could not
say. l said If there should happen to
be a dissenting opinion, time would
have to be taken Ior lnaI; but wneLner
or not there really would be a dissent
ing opinion l did not say anything
about Mr.. Ables asked no advice of
me and 1 volunteered none, save to sug-
gest that the grand jury follow the adj
vice of the presiding judge.
II wish to emphasize that the ques-
ton asked me of Mr., Ables was en-
tirely proper and my answer to him
VISA wholly proper. If JUDGE Gear was
quoted correctly in The Star of yester-
day and Advertiser of TINS morning, l
have to say that his statements are
false.
deputy Attorney General Cathcart
did not, to my knowledge come to con-
suit with me on the matter of the deci-
siOns. He dropped in as ne frequently
does and discussed various matters.
During the conversation he did remark
that he hoped the Supreme Court would
soon hand down a decision inasmuch as
if ii were one way considerable expense
might be saved to the government AS
| remember it he was called out at that
time and did not further explain nor
did answer him"
l.. G. Ables, foreman of the grand
jury is quoted in the Advertiser this
morning as follows:
When the Grand Jury met it was in
structed to take up the habeas cor
pus cases and such other matters as
might come before US. We addressed a
communication to the Attorney Gener-
al for a list of the cases which were to
be brought, and then asked when he
would be ready to proceed with the
former. We were told that this would
be done on Monday. On that day the
Jury was excused as 1t was holiday.
Tuesday the Deputy Attorney General
was i'll, and Wednesday we discussed
two other cases. This cleared the
decka for the habeaS corDus cases and
we should have taken them up this
morning. Instead, we were called into
court four times, and had no chance
to get to work. The Deputy Attorney
General had his witnesses ready and
we could have proceeded
I'VE had no advice from the Attorney
Generals office as to our course of
procedure, which was followed. l con
ceived the idea of asking the Chief
Justice as to when we might exDect
an opinion, on the habeas corpus mat