The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 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 defects. 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 pun
/ ishab bic 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- It 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-
fication 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 if the witness had pleaded
a constitutional reason for refusing to
answer. 1t was privilege of the
Grand Jury, in this case, to find out if
there was a 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 noted an ex-
ception 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-
VII he fI,15f of he. inf 1afi on
t 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
1 the custody of the High Sheriff until
r 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 Nr. Cathcart quoted a. statute
i to the contrary. 'All we have to do is
to file notice of appeal, respondents
counsel said.
/ 81 don't know if that will stay exc
cution," The court observed
II cannot see wbv not" Mr.. Cath
cart ventured.
.'Well. in order 10 g the matter
!. adjudicated," Judge Robinson conclud-
/ ed, 1.-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 Jail
over night.
+ Probably-a writ of habeas corpus will
be invoked this morning to bring the
matter speedily before the Supreme
i Court.
With only today anl tomorrow left
! for the present Grand Jury it appears
4 slim prospect for completing the inves-
tigation that has struck a snag. Yet,
as Renaut's offense is contempt of
| court, unless he obtains release under
| habeas corpus or. on appeal he will be
imprisoned indefinitely in default of
purging the contempt His desired evil
! dence may be wanted by the coming
Grand Jury.