The Hawaiian gazette., 1910-10-18
HENRY N CLARK
CITED TO ANSWER
Must Show Cause, It He Can,
Why He Is Not in Contempt
Of Court.
(E'rom satnrdayls Adverti.er.A


(From Saturdays Advertiser.a
At the request Of the territorial grand
jury, made yesterday afternoon in a
presentment to Judge Cooper Of the
circuit court, the Judge has issued
citation for Henry N. Clark, formerly
second clerk Of the district court Of
Honolulu, to appear before him at nine
o clock this afternoon and show cause,
if cause he have, why he should not be
adiudged in contempt Of court for re-
fusing 70 answer questions put to him
by the inquisitors concerning the checks
signed by Ben Fabian and Judge An
drade that figure in the investigation
being conducted into the alleged crook.
edness in the district Judge s office.
Clark, it is stated, is acting on the
advice Of his attorneys in refusing to
answer the questions put to him, his
ground for so refusing being that to
answer might tend to ineriminate him.
self.
Clark is in the same position as was
James l., Holt some months ago when
the ex-assessor, who was charged with
embezzlement of public funds, refused
to answer questions of the grand jury
as TO where he got his information con-
corning the supposedly secret delibera-
tions of the grand jury. The circuit
Judge ruled at that time that Holt must
answer, so it is probable that he win
rule in a similar manner in regard to
Clark, especially as Clark's ground for
refusing to answer is identical with that
upon which Holt based his refusal to
answer questions put to him by the
inquisitors.
VIII Probe Deeply.
It is evident that the grand jury has
resolved to get TO the bottom of the
whole question. Several of the grand
jurors have taken matters into their
own hands and are making independent
Investigations during hours when the
grand jury is not sitting. One of them
stated yesterday thas he would stand !
for no attempt to whitewash anybody. |
He intended to do all he could, he said,
to secure the indictment of all concern, |
ed in the alleged illegal praetises in
the district judges office.
Checks Figure Largely.
The most important evidence in the
hdhuS VI tAc SIdnu jury dSiue LIom thS /
testimony of James Lloyd, the deputy |
auditor who uncovered the unwholesome |
condition of affairs existing in the dis.
trict court, consists of the two checks
signed by Judge Andrade and the check
signed by Ben Fabian. And it is in
reference to these checks that the grand |
jury wishes to examine Clark and Clark
refuses TO answer.
Andrade's Check Unendorsed.
According to the testimony given by
Lloyd, Judge Andrade IS check for 1885 |
was signed on July Is. II was made
out payable to Frank Andrade, district !,
magistrate. But it was not endorsed
on October 5, when Lloyd, in going over
the cash and cash account of Second
Clerk Clark, found it.
When Lloyd found this check and
also another signed by Andrade and
made out to " Cash. he called in An.
drade and asked him to write out
counter check covering. both the other
,hecks.o This counter check was cashed
and Andrade, it is stated, asked that
the worthless checks be returned to
him. But this Lloyd refused to do,
holding them as evidence. They are
low before the grand jury, as is also
he check for $12O signed by Ben zab-
an and which, it is claimed, was worth
ess as Fabian had no funds in the bank
II Bishop & Co. on which the check
was drawn.
When the grand jury handed in its
resentment to Judge Cooper yestS day, 4
,he city attorney asked that a citation
De issued for Henry N. Clark. This
notion was granted and Clark will APP
pear before the judge at nine O'Clock
his morning
Grand Jury's Presentment.
The presentment speaks for itself. ,
in full the situation that
low exists. In it the grand jurors say: :
We, the grand jurors of the first /!
udicial circuit of the Territory of Ha
vail, for the January term thereof, re
'peetfully report and present the fol.
owing:
That on the thirteenth day Of October,
910, and in the afternoon of said day, {
he said grand jurors being then in due
md regular session as the grand jury
# this court, had under investigation
he matter of the Office of the district
Magistrate of the district of Honolulu
n this circuit, and the funds and
moneys received and collected by saidi
district magistrate on account Of the
ines and costs, and other matters arts. '
ng in said district court of Honolulu
nd the disposition thereof, and there b
pom it became necessary and material
o said inquiry to ascertain whether or !
ot certain check, more particularly k
escribed in the questions hereinafter i
ct forth, was turned in as part of the !,
ash of said district court on or about
he seventeenth day of August of this t
ear, and If turned in by whom, and d
hereupon the grand jury called before a
witness, Henry N. Clark, Mt the 4
lst named date aud prior thereto the q
econd clerk of said Honolulu district i
Durt and cashier thereof, and the said
lenry N. Clark, being then and there A
uly sworn, was asked the following y