The Hawaiian gazette., 1901-02-15
.JU RY TO
PROBE.
Accounts of Police
Clerk To Be
Searched.
ATTORNEY BITING
SEM TO PRISON
James Hopper's Valuable Estate
in Court...The Notes OF
Other Gases.
(From Thursdays DailyJ

>U~ HE Grand Jury listened yesterday
morning to an additional charge
from the First Circuit Judge
which dealt almost exclusively
with the alleged misconduct of Ponce
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 Zab-
| 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
er 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 We're 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 practic-
ing attorneys We're 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 record of all
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 bin under
the Independent party commission, suf-
fered legal Waterloo yesterday morn
ing ut the hands of the First Circuit
judge. Biting now occupies dun
geon In Oahu prison.
Biting took exception to the Judges
oral statements relative to the alleged
conduct of affairs of Police Clerk Fab
Ian with regard to the disposition of
fines and other moneys paid to him by
convicted Offenders and the general ad-
ministration of the police court clerk
ship. The additional charge to the
Grand Jury covering police court mat
tiers was made yesterday morning in
the Circuit Court
As soon as he could be heard, Bit
ting arose and said the judges charge
was peculiar and unusual and --'
He got no further. The judge de-
manded an explanation. The attorney
said that he had no explanation to Of
Ter peSohu 'he ia't 'n't, ne "eS''eo "
protect MS client. -BlttlhE was SEN
fenced to ten days in Jail.
Before taking up his enforced resi-
denre on the reef the sentenced attor-
,,o,, so,,oht his enc am, >,.,.o,. tbo FOL
-. ~, a,.,I,,tt,, ,,.,,;oh
i'"i"S "l'''sS VI 'Np''i''' IL NJ
was sent oy messenger 10 'he rirs' Iir-
cult judge:
Dear S.r: | wish to hand you this pa
per as an apology for the remarks to |
which you took exception and for which |
'ou punished me by sentence of ten
lays in Jail.
Personally, YOU ought TO know that
rave the highest respect for you, pro-
.cssionally and judicially, and l have
'lways tried 10 conduct myself as be
oming our position
Very respectfully yours.
c. G. BITING.
Please give orders which VIII relieve
ne from common search such as Is usu-
lily given TO common criminals.
9, G. B.
shortly after > o'clock Fittings at-
crns, 1nnear.d M tbe once Of Tho
rnited states District Court with the
remit Cont nittimus and a netItinp Ia
Judge Estee for writ of hapeas cor
us, which was signed in the afternoon.
amor Henry oil the oahu frison
o produce the pody OF Attorney
bltuhS IN the ohlted states Court at ~
CLOCK inns morning Inc mittimus
lshed 10y me Cfcult Judge was TO the
meet that bittlns hau been adludsed
.uilty Oh contempt Oh court by the use,
u open court ana IN the presence or the
.ourt OF contemptuous ana dlsrespecttul