The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-08-16

torney General was not intended. 1t
feels justified In imposing the fine for
contempt but MIR. Cathcart having eN
planned that he aid not mean to be dis
courteous, The court will remit the fine
imposed upon him. The court does not
want the enmity of the Attorney Cen
erals department, and prefers to con-
tinue the pleasant relations hitherto eN-
listing. The court believes If there was
any discourtesy 1t was In the heat of the
moment. The only way that this court
may protect itself is by such fines. The
court does not consider that II erred but
in view OF the explanations will remit
the fine imposed"
WHAT MAY HAPPEN
When the Grand Jury which was
called by Judge Gear two weeks ago is
discharged next Tuesday, which is the
present program, another chapter Will
be added to the tale of the contentious
in the judiciary department of the gov
eminent of the Territory of Hawaii.
That there may be another chapter is
the opinion of many members OF the
bar, who, knowing that not more than
| one-half of the cases which should
have been considered by this Grand
Jury have been brought before il, are
| of opinion that another jail delivery
may be had This may be secured by
attorneys who will claim that their
clients are held without trial, to which
they are entitled.
The proceedings in the Circuit Court
| yesterday have aroused much discus
sion, and there will be more before
| there is less, for the men who have
been brought into such prominence are
not those who will be thought guilty or
negligence of the interests of the peo-
pie, despite the arraignment from the
bench. A question which is brought
out by the action of the judge was
much discussed yesterday. That Is
the power Of the judge to lay out the
work Of the Grand Jury In its entirety,
leaving no rights TO the Grand Jury at
all. Members of the Grand Jury and
others who have served on similar bod
les in the older States and Territories,
say that the court may not absolutely
prescribe the order in which the jury
must consider cases. and the attempt
In this ease shows that the procedure
sc ~ now az 10 tn" institution 10 the
people of the Territory.
CTiiEF JUSTICE FREAR TALKS.
There seems t. be question or
v,~qcity involved as Well Justic"
Frear, II the supreme Coirt, said last
evening: The statement that had
said that the Supreme Court wou,d
consider the appeals in the habeas cor
pus cases. and that there would be 4
dissenting opinion IL absolutely falls.
. ]
any person which would give any idea
as to the action Of tn" Supreme Court
IN this matter. When the foreman OF
the Grand Jury C0nlc to me, ! cOnsid
cred that he came rs public officer,
wanting Information which was per
fectiy proper Tor him To- have. His
question was whether OF not an opin-
ion might be expected soon. an
swered that an opinion mignt br pre-
pared by next Tuesday. but when II
would be flied no ON. could tell. In
case there should be- a dissenting oplu-
ION, ! said, II would take some time
for its preparation. and time would be
given FOR that. There was no advice
asked, and the only point volunteered
by me was the suggestion that the
Grand Jury should follow the iustruc-
tons of the judge. | had talk with
Mr.. Cathcart, but there was nothing
said as to the action OF the court
! l.. G. Ables, foreman Of the Grand
Jury, said, when asked for Il state
ment as to the action of tn" jury:
When the Grand Jury met it was in
structed to take up the hRbeas cor
pus cases and such ,othcr matters as
might come before us. We addressed a
communication to the Attorney Gcucr.
III for list of the cases when were to
TO- brought, and then asked when h,
would be ready to proceed with tn
former. We were told that this would
b" done on Monday. ON that day the
jury was excused as 1t was n holiday
tuesday the DEPUTY Attorney General
was i'll. and Wednesday We discussed
two other cases This cleared tn
decks Tor the nab 'nS corpus caSrs and
vs." should have taken them up this
morning. Instead. ~ We're called INFO
court four times, and had no cnanc.
to get II work. Th" Depu'y Attorney
General had his witurs,,s ready ana
we could have proceeded.
We had no advice FROM IN. Attor-
neg Generals office as to our coGrst ..
procedure, which was followed I
conceived the idea of asking the Chief
Justice as to when We might -pxpccr
an OPINION on the habeas corpus mat
tiers. ] presented the suggestion to my
fellow Jurymen, and 1t was tho unani-
nous opinion that this was tn. wise
course to follow. We then asked the
Deputy Attorney General If there was
anything improper in this course, and
he told us there was not. There was
no advice asked Of him, and he gave
none. l called on the Chief JustIce
and asked him what might b., expect
ed. His answer to me was thar Their.
might De an opinion ready by mex,
Tuesday, but that If there was q dis
senting opinion it might be later.
AS | stated in court. the jury has
, endeavored to do its duty, so far as II
, was capable, and in my opinion this
, has been done. There was no intention
on the part of the Grand Jury To dis
regard the instruction of the court
or to be influenced in any way by diff
, ferences between the branches of the
judiciary department"
NEY'S REVELATIONS.
Emil Ney, the fragrant bailin who
has been in charge of the Grand Jury
for the time of its sitting, was in a
confidential mood last evening, and
! had much to say of the happenings of
, the past few days. He was In a tubi-
liant frame of mind over the filming of
{ the Deputy Attorney General, and was
celebrating the undoing Of the work of
the Grand Jury He said. Il have
been laying for the Attorney General
| for three or four DAYS Judge Gear