The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-08-16
JUDGE
AND JURY
" CONFLICT

Continued from Page -
| and the court erred, Ia not matter for
! the consideration of the Grand Jury.
| Though the court has given you instruc-
! ton in regard to the law you have seen
fit to disregard 1t, and taken the state
ment of the Attorney General on a mat
ter of law, as to whether the decision Of
this court was right This action on the
part of the Attorney General is wholly
unprecedented His duty is to advise you
as to indictments, not to tell you what
| this court should do in matters you have
under consideration, or how they may be
| concluded. This court does not intend
to hold the Grand Jury Tor three weeks
until the supreme Court gives its opinion
in the habeas corpus cases. | want to
say that I consider the action of the SUI
preme Court in making the statement in
| this matter to the Grand Jury, as stand
ing alone in the history of courts, with
in the knowledge of this court"
Mr.. Cathcart-"If the Grand Jury is ad-
journed until Tuesday l will have the in
dictments ready for signatures"
| IL do not think the Grand Jury can be
adjourned except from day to day" re-
piled the court.
| 81 would like TO make a statement
said Foreman Ables; you said that the
Attorney General had taken part in our
deliberations"
He stated so TO me- was the reply
of the court
Il beg your pardon" said Mr.. Cath
cart; you misunderstood me. ! stated
that I had advised the Grand Jury. |
told them it might be a good idea"
We had called the Attorney General
in to advise u.s." explained Mr. Ables
I'VE thought We needed the advice Of
lawyers We are none of us lawyers and
thought there were some questions that
should be decided for us by lawyers. AS
to the idea emanating from the Attorney
Generals department concerning the hab-
cas- corpus cases. this is not true. II
originated in my own mind, and | am
willing 10 take the blame for it. Mr.. Cath
cart has not taken part in our dclibcra-
tons. Relative to the communication
from the Attorney General We gave that
to yot with other papers. You asked us
concerning IN. men in Jail. re-arrestcd
after being released on writs of habeas
corpus, and thought it proper to investi-
gate We thought that the best way was
To go direct to the head of the Attorney
Generals department, which had the
matter in Gifarge. We thought it wise to
see the supreme Court in regard to the
appeal before taking up the cases fur
th"r The Supreme Court told us that
Their" might be a decision Tuesday. The
members of the Grand Jury feel that
they have assumed the responsibilities of
a Grand Jury, and feel willing to con-
tinue, but we do not think it our duty
To find out whether thcs. men were H.
| legally imprisoned or not. We did not
think II hitting that We should investigate
these cases"
Mr.. Castle, member of the jury: u
would like to say Il word. These cases
were talked about and we were willing to
stay by the job until it was finished We
don't want to shirk any duty"
~ am glad to hear that" remarked
til" court
To the Clerk: Let me see your re-
port
The clerk to tn. Grand Jury returned
In ie" moments with the report. The
court then read to the official stenog-
raph.r for record the excerpt from tn.
g ana Jury's report stating that the SUI
pr M" Court will not give an opinion in
IN" haheaS corpus matters until next
week this being a statement attributed
to IN" chief Justice.
If the court is making a portion of III.
Grand Jury's report a matter of record
al this time" said Mr.. Cathcart. II oh
jcrt, The minutes Of the Grand Jury are
secret, absolutely inviolate and ought NOT
b, published"
Tn" court always has a right To know
what the Grand Jury is doing"
i do not think the law gives tina,
'rIlht. The minutes are sacred, not even
tn "tticial clerk or stenographer Is at
lii''rty to see them. II this is to be made
"A matter of record the whole report
l. "Hid he given"
Oh" court mas right to know every
I. ." that ~" Grand Jury is doing This
D,. 81 il iS N, h.,
lshed."
Under the law all proceedings of the
Grand Jury are secret, inviolable. No
one shall know anything of their deliber-
ations. Members of the Grand Jury can
not even be called into court to testify
as to what transpires in the jury room -
The court will take note of your OBJ.
lection"
AT this stage Of the proceedings one OF
the other jurors spoke up, stating that
the Grand Jury was about to take action
IN the habeas corpus matter; that they
had deem working on other cases, and
expected to reach these cases today.
The court will not require any further
service of you" replied Judge Gear. As
soon as you have completed the work
now In hand. and signed the bills, YOU
may be excused. While the court ha,
some doubt as to the right to excuse YOU
over one day, or until next Tuesday, this
VIII be done, the Attorney General ad.
vising that It will be proper. thank
you, gentlemen of the jury, for the work
done The jury was then excused unit
Tuesday morning.
After the jury had left the room, Mr.
Cathcart requested the privilege of ad.
dressing the court, which was granted.
IF the court please, I was brought be.
fore the bar and fined for contempt.
would like to explain why l refused to be
sworn; not for the purpose of modifying
the courts decision, but to place myself
In proper light. If offended the court
l desire to apologize. / declined to be
sworn because | did not recognize the
right of the court to put me under oath
1t seemed to me a question of veracity
from what the court stated, between my
self and the Chief Justice of Hawaii.
saw no reason for this cross-examina ton
or why | should be put in a position OF
nv nuIy,, gtu tav,,