The Hawaiian gazette., 1904-12-30
GRAND JURY LEAKAGE
SENDS WITNESS TO JAIL

Mr.. Cathcart then moved to quash the
citation, in his argument showing what
he deemed to be detects. The question
put to witness was not set forth, nor
was the petition verified. He indicated
the absence of a statute making the
revealing of Grand Jury secrets a pun
ishable offense.
To this the court replied that at com
mon law one who divulged Grand Jury
secrets was held as accessory after the
fact to the crime under investigation.
Mr.. Peters, after Mr.. Cathcart had
argued at some length, replied. His
first contention was that opposite coun-
sci had miscalled the information a pc
tition. 1t was simply a preliminary re-
port by the Grand Jury. He ridiculed
the idea that a report signed by seven
teen Grand Jurors should require veri-
fcation any more than an indictment
that only the foreman signed. AS to
specifying the contempt more particu-
larly than was done, that would only
be necessary IL the witness had pleaded
constitutional reason for refusing to
answer. 1t was a privilege of the
Grand Jury in this case, to find out If
there was conspiracy outside-to as
certain If a member of the Grand Jury
was divulging its secrets to an out
slider.
Judge Robinson, after considerable
sparring of counsel, denied the motion
to quash.
Mr.. Cathcart, having roted an ex-
ceptlon to the courts ruling, said he
hardly knew what to do not having had
time to answer. The court told him
the respondent might answer orally, de-
nying the truth of the information.
May 1 ask Mr.. Cathcart then in
quired, what the order of the court
would be if the respondent did not an
swer?"
"The respondent can be committed to
the custody of the High Sheriff until
he answers the question:" was the
courts reply.
Mr.. Cathcart asked what question,
and Mr.. Peters said any question the
Grand Jury might ask.
Judge Robinson, no other motion be-
ing made, forthwith committed Leon
Renaut to the custody of the High
Sheriff until he purged himself of con-
tempt of court by answering whatever
question might be put to him by the
Grand Jury.
Mr.. Cathcart asked what the bail
should be- Mr. Peters said the offense
was not bailable, but the court doubted
this and Mr.. Cathcart quoted statute
to the contrary. "All we have to do is
to file a notice of appeal" respondent S
counsel said.
II don't know If that will stay exc
cution," the court observed.
II cannot see why not" Mr.. Cath
! cart ventured.
"Well. in order to have the matter
adjudicated," Judge Robinson conclud-
ed, "the court will decline to admit
the respondent to bail or to fix the
amount of bail" Mr.. Cathcart again
, took an exception.
| The court then rose and Mr.. Cath
cart, after eXerting himself to find some
way of averting the event, was con-
strained to inform his client that there
was nothing for him but to go to jail
over night
Probably writ of habeas corpus will
be invoked this morning to bring the
matter speedily before the Supreme
Court.
With only today and tomorrow lef
for the present Grand Jury it appears {
slim prospect for completing the inves
tigation that has struck a snag. Yet
as Renauts offense is contempt %
court, unless he obtains release unde
habeas corpus or on appeal he Will b.
imprisoned indefinitely in default o
purging the contempt. His desired eVt
dence may be wanted by the coming
Grand Jury.