The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-02-14
j U.RY TO
|. PROBE.
Accounts Of Police
| Clerk TO Be
Searched.
ATTORNEY BITING
| SENT TO PRISON
James Hopper's Valuable Estate
in Court-.-The Notes of
i Other Cases.

r HE Grand Jury listened yesterday
morning to an additional charge
from the First Circuit Judge
which dealt almost exclusively
with the alleged misconduct of Police
Clerk Fabian. The judge said that the
clerk was dilatory in sending up the
records of cases on appeal to the Cir
cult Court and limited at misappropri-
alton of funds paid into the court.
He said that moneys put into Fab
lan's hands were not properly safe
guarded. There were cases, he said,
which had been appealed eighteen
months since and yet there were no
records of the cases in the Circuit
Court, although appealed to the high
err court The Second District Court
was established during the past year
to relieve Judge Wilcox of civil cases
and leave him free to hear nothing but
criminal actions, and the judge consid-
cred that this relief should give the
police court clerk ample time in which
to prepare the records, which were at
all times very brief.
The reason he had brought this mat
ter before the Grand jury was on ac-
count of many complaints made to him
by attorneys, he said. 1t was mat
ter which the Grand Jury should in
vestigate thoroughly, he said, and If
found true he should be indicted, or if
not completely exonerated by that
| body The names of several practlc-
ing attorneys were given to the Grand
Jury who could be Intercepted as to
the truth of the judges statements
The jury should request Clerk Fabian
to produce before them a record of al
moneys paid into the lower court as
costs on appeal. said the judge.
BITING SENT TO JAIL.
Charles Carroll Biting, the attorney
who has been one of the active franz
ers of the county charter bill under
the Independent party commission, sur
fered legal Waterloo yesterday morn
ing at the hands of the First C1rcul
judge Biting now occupies dun
geon in Oahu prison.
Biting took exception to the judges
oral statements relative to the alleged
Iconduct of affairs of Police Clerk FAB
Ian with regard to the disposition o
fines and other moneys paid to him b!
lconvicted offenders and the general ad
ministration of the police court clerk
ship. The additional charge to tn
Grand Jury covering police court mat
tiers was made yesterday morning il
the Circuit Court.
/ AS soon as he could be heard, Bit
ting arose and said the judges charg'
was peculiar and unusual and -
He got no further. The judge de
manded an explanation. The attorne!
said that he had no explanation to of
fer beyond the fact that he desired t.
protect his client" Biting was sen
fenced to ten days in jail.
Before taking UP his enforced resi-
dence on the reef, the sentenced attor
Iney sought his office and wrote the fol
lowing apology or explanation, which
was sent by messenger to the First Cir
lcuit Judge:
Dear Sir: 1 wish to hand you this pa
per as an apology for the remarks t
which you took exception and for whlcl
you punished me by a sentence of Tel
days in jail
Personally. you ought to know that
have the highest respect for you, pro
fessionally and judicially, and l hav
always tried to conduct myself as De
coming our position.
c. G. BITING.
Please give orders which will relley
lime from common search such as is usu
ally given to common criminals
c. C B.
Shortly after 2 O'Clock Billings al
torney appeared at the office or Tn
United States District Court, with tn
Circuit Court mittimus and petition I
Judge Estee for writ of habeas col
pus, which was signed in the afternoon
: Tailor Henry of the Oahu Prise
to produce the body of Attorne
Biting in the United States Court at
O'Clock this morning. The mittimu
signed by the Circuit Judge was to tn
effect that Biting had been adjudge
guilty of contempt of court by the u.s.
in open court and in the presence of tn
Court of contemptuous and disrespectfl
language addressed to the Court in
rude and insolent manner in replying I
certain remarks of the Court to IN
I Grand Jury"
The petition to the United States jude
was to the effect hat he was a citize
of the United States and within tn
Courts jurisdiction. That the petition
er was sentenced to be imprisoned fe
ten days for contempt and that he We
unlawfully confined and imprisoned
the Oahu convict prison. He says I
was advised and verify believes tht
said imprisonment in the convict prise
is Illegal, being contrary to the Const
tuition of the United States of America
He asked that writ be issued directir
the prison keeper to produce him D.
fore the Judge and that he might be Oh
charged from further imprisonment
Judge Estee at once signed the wri
making it returnable at 10 o'clock tn
>. morning.
HOPPER'S VALUABLE ESTATE.
VIM l.. Hopper and E. Wells Peterso
executors under the will of James :
Hopper, deceased, yesterday filed an 1
:. ventory of the estate. The total value
given at 1852 2s5, consisting of the folloy
ing items: l, 225 shares Waialua stoc
500; 80 shares Waimanalo 5000;
565 shares Hawaiian Sugar Co., s1,3C
p shares Pepeekeo $1,000; 5000 shar
Eva, $4,000; 213 shares Olowalu, s21, 81
1 81 shares Hawaiian Electric Co., $6,a
1,200 shares Honokaa, $4,000; 20 shar
Mutual Telephone $780, one-eighth sha
in barkentine 8. N. Castle, $1,000;
shares in Star Publishing Co., $50: d
on mortgage of ]. Anahu. $685.; one-fif
interest in firm Of ]. A. Hopper G. c.
about $4,000; warehouse and lot on f
81 NJ. H. 49, N,1