The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-05-20
A GRAND JURY REPORT
McCANDLEss NOW WITH DOLE
AND COOPER.
Three True Bills Have Been Found.
Tom Fitch to Argue Against the
Pleas of the witness-Defendants

The Grand Jury has found three true
bills, though whether they have to
do with legislative bribery matters or
not is not known. Ex-Superintenden
OF Public Works j. A. McCandless has
been included with Acting Governor
Cooper and Attorney General Dole
among those refusing to TESTIFY and or
dered to show cause before Judge Hum
phreys tomorrow. Tom Fitch and at
torney Frank E. Thompson have been
requested by the court to argue in be-
half of the grand jury's efforts to get
testimony, when the case comes up to-
morrow.
Tomorrow will be an interesting day
in the First Circuit Court. At ten
o'clock the acting governor, the attor-
ney-general and the eX-superintendent
of public works are to explain to Judge
Humphreys why they refused to answer
questions put to them by the grand
jury. 1t is expected that Attorney
General Dole VIII appear for himself as
attorney and state his case and give
arguments.
I'm the matter of Henry E. Cooper"
said an order made by Humphreys this
morning 1.-The Court desiring to hear
. arguments pro and con, hereby re-
quests Thomas Fitch and Frank e.
Thompson to appear in said matter as
amici curiae and to argue the same in
their discretion" The same order ap-
plies in the cases of Thurston, Dole
and McCandless.
This will be Tom Fitch's first ap-
pearance in a court in Hawaii. The
great American orator, whose burning
words have been heard in most of the
western states, is now engaged in
digging for law to present in opposi-
tion to the claims of the high govern
ment officials. The question of privl-
legged communications will be argued to
a finish.
1t is said that the statements regard
ing bribery with which all the heads of
departments appear to be familiar were
discussed in a cabinet council" and
that the members base their claims OF
privilege not to testify regarding what
was said on the grounds that they are
not at liberty to reveal what they learn
in their capacity as heads of depart
ments
All the three prominent DEFENDANTS in
tomorrows order to show cause are
preparing to be ready with writs of
habeas corpus if they are ordered into
custody by Humphreys tomorrow. They
will be ready to use such writs at once
and then the supreme court will have
the matter in it's hands. If the supreme
court decides that the officials are right
In their position that will end the mat
ter, and the grand jury VIII have to ge
along without the testimony which has
been refused.
This morning the grand jury made
the following report 10 Judge Hum
phreys:
"You will take notice that the Crane
Jury of the Island of Oahu Territory o.
Hawaii, had before it on the 18th day o
May last, j. A. McCandless, who being
duly sworn said:
"Have nothing but hearsay as tC
charges of bribery and corruption OF
members of the Legislature. The saiC
j. A. McCandless was then asked 'IIaVt
you any information, either by hearsaI
or otherwise, of any society, association
or corporation which, by assessment o.
otherwise, raised or attempted to rais'
a fund to be used for the purpose of af
fecting or defeating legislation?'
ITO which question the said j. A
McCandless replied. In my position al
superintendent of public works, l helC
confidential relations with other heads
of departments and heard matters tina
I am not at liberty to divulge. Beint
asked again to answer the question, tn
witness said: L refuse to divulge to tn
Grand Jury the matters so heard anC
decline to answer it's question. All tina
/ have heard is known to the attorney
general
''The witness was then asked: Do yol
know the names of any individual o
company of individuals, or of a corpora
ton who bribed, or attempted to bribe
members of the Legislature?
4 know the names by hearsay an
decline to give them; they are known t
the attorney general and the actini
governor" (Signed) j. o. Carter, fore
man of the Grand Jury j.. c. Coher
John F. Colburn, S. C. Dwight, John L
Holt, Jr, c. H. Brown, E. c. Macfar
lane, j. c. Quinn, William Allen, E. F
Mikalemy, o. Stillman, G. r. Smithie!
H. h. Mcintyre, A. V. Gear, c. II
Cooke"
Mr.. Carter also informed the couI
that the grand jury had found thre
true bills, but was not ready to repol
them. The court instructed the jur
that in future it must report such bill
as soon as they were found.
Note Heads. Bill Heads. Statement
and Fine Commercial Printing at th