The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-24
|CLASH IN
| C0UR I HOUSE
Grand Jury Uses
Chief Justices
Room.
"A WAR OF THE
BAILIFFS ENSUES
Gears BaiIiff Thrown Out and
Gear Himself is Cited-A
Merry War On.

| A RIDICULOUS controversy be-
| ~ tween Justice Perry of the Su-
| - preme Court and Second Judge
Gear of the Circuit Court, over the &C.
cupancy of Chief Justice Frears private
room by the grand jury. involved the
bailiffs of each In a personal encounter
yesterday at noon. The excitement of
the episode pervaded the judiciary
| building for the remainder of the day,
but there were no further undignified
| quarrels.
| The trouble arose from the fact that
the grand jury was allowed to occupy
Chief Justice Frear's chamber without
first obtaining permission. Last Thurs
day the grand jury through Deputy At
torney General Davis complained of the
heat in the room then occupied by them,
the one assigned to the court stem
ographers. and always utilized for
grand jury sittings. there being no room
specially provided for. that purpose.
| At that time Judge Gear stated that
he had no authority to make such an
order, as he had nothing to do with the
assignment Of rooms In the Judiciary
building. He said however that If the
grand jury wanted to take chances
he had nothing to say, as the room was
not under his Jurisdiction. Mr.. Davis
replied that the grand jurors were suf
fering in the room they then occupied,
and said they were willing to take
chances" Thereupon the jurors took
possession and have since been holding
their sessions in Chief Justice Frear's
private office. There was a lock upon
| the door to which there were several
keys. and on Friday Bailiff Ney went to
Judge Gear and told him that he had no
way to keep out anyone that had a key.
The court thereupon authorized him to
buy paddock and secure the door from
intruders, and this the bailiff imme-
diately did.
Yesterday morning Justice Perry see
ing the use to which the room was be-
ing put, went to Gear and asked him
IL he had given the grand jury au-
thority to occupy the chamber. Gear
replied that he had not, as he had no
authority over the building, and sent
the associate justice to Deputy Attorney
General Davis who he said had placed
the jury in Frear's room. Davis denied
the insinuation and referred Judge
Perry to Acting Attorney General Cath,
cart, who he stated was the responsible
party. Mr.. Cathcart also issued a dis
claimer, and said he had been i'll at
home and knew nothing of the affair.
Justice Perry then interviewed the
Public Works Department and learned
from Chief Clerk Wright that no or
der had been Issued from there regard
ing the use of the room by the grand
jury. Again Judge Gear was called up
on and told that all parties had denied
responsibility for the action of the
grand jury. and unless someone took
the responsibility for the order, he
would be compelled to take action.
Judge Gear only repeated his first state
ment that he had not authorized the
grand jury to take possession, and with
that Justice Perry summoned the bailiff
Of the Supreme Court, Deputy Sheriff
McGurn, and ordered him to take
| charge of the Chief Justices chamber.
He also ordered the paddock taken off,
and directed one OF the messengers,
McCabe, to get screw driver for that
purpose. When McCabe appeared
Bailiff Ney broke loose McCabe all
unconscious of impending evil started
for the door. Don't you touch that"
screamed Ney at the top Of his voice,
and raising his hands threateningly.
| McCabe retreated in fine order, and Ney
| followed. shouting with all the force
of pair Of strong lungs, and threaten
ing to place the poor fellow under arrest
| If he came any nearer the sacred pre-
cincts Of the. grand jury room. This
was just at the noon hour and Judge
Little who had adjourned and entered
| his chambers, much frightened by the
noise Of the conflict In the corridor,
came out and peering around the cor
| ner, saw Ney in battle array. He also
wisely retreated from the battle ground,
without further ado.
BY this time Ney's loud ordinations
and threats of vengeance had penetrat-
ed into Judge Gears chamber, where he
| was holding an earnest confab with
Justice Perry. Judge Perry came out
uISl, AoIlOWcQ ulOTe SLOWLY Dy JuuSe
Gear. McCabe was standing at a dis
lance from the door of the Chief JUS
| tees office, with screwdriver still in
hand. afraid to advance or retreat.
Judge Perry told him to remove the
lock, and emphasized the order by him
| self tearing down the notice. which had
been placed upon the door by Ney, re-
quiring everyone but the grand jury
to keep out. McCabe then started TO
obey, and had partly unscrewed one of
the screws on the lock, when Ney
braced by the presence of Gear attempt
ed to prevent him. What happened
next Is a matter of history. Deputy
Sheriff McGurn caught Mr.. Ney gently
but firmly about the shoulders and vio-
lently forced him away from the door.
Ney struggled desperately, but he was
no match for the valiant deputy sheriff.
who lifted him off the floor and de-