The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-07-06
THE CONTEMPT CASES.
The Court Revokes it's Dish1Iow-
ancs of the Mnrshals Return and
RENTS the Marshn1's Fine.

ancs OF the Mnrahans Return and
RENTS the Marshn1s Fine.
Upon the opening of the Court at
10 o'clock this morning, the Marshal
being before the Court, the Court
said:
"The conclusion of the proceed
ings yesterday in the matter Of the
order committing the Attorney
General to twenty-four hours i'm
prisonment was, that as this had not
been duly executed you would
further report to the Court your
further proceedings therein.
"But it appearing to the Court
that the detention in the Station
House for four hours was partial
execution of the sentence, and that
it cannot properly be executed dur
ing several days in separate frac-
lional periods of the term, which is
one day of twenty-four hours;
"And, moreover, that the proper
time for the proper execution of the
sentence has now passed by, the
further execution thereof is hereby
ordered to be RENTED, and this will
be endorsed by the Clerk on the
order of commitment.
"As for the fine imposed upon
yourself, the Court takes into con-
sideration the very difficult position
you were in from being a subordi-
nate officer of the Attorney-General.
You stated that you were advised
by legal counsel that the form in
which you reported that you had
carried out the sentence was legal
execution thereof, and 1t does not
appear that you were in fact con-
,umacious. The legal disobedience
may therefore be condoned.
1.-THE fine imposed is hereby order
ed to be RENTED, and. the Clerk
will so enter it.
Previously TO this, at an early
hour this morning, the Attorney
General again submitted to arrest,
and applied for writ of habeas
corpus before Judge Dole. The
writ was filed, and pending, when
Judge McCully receded from his
position of yesterday, as above
stated, thus rendering further pro-
ceedings under the writ impractical
able. The following are among the
authorities (Which are all to same
peint) or the question of imprison-
ment, relied upon in support of the
habeas corpus:
Imprisonment is the restraint of a
| mans liberty.'-2 Bishops Criminal
Law Section 500.
Imprisonment is the restraint of g
person contrary to his will.-Coke 2nC
| Inst. $50.
| imprisonment may be in a place
made use of for purposes of imprison-
ment generally, or in one used only or
the particular occasion, or by words and
an array of force, without bolts or bars
| in any locality whatever. 80 NH. 491
Humphr. Tenn. 43.
| 'sAny forclble detention of mans
| person or control over his movements is
an Imprisonment. "-Church on Habeas
Corpus, Sec. 272; Lawson vs.. Buzines
Harr. (Del 4ls.
| Keeping person In house against
his will, or his forcible arrest and deten
ton in the ST. eet, Is an imprisonment
- hurch on Habeas Corpus, Sec. 272.
The confinement of the person, in
any wise, is an Imprisonment; so tha
the keeping man against his will in 8
| private house, is an Imprisonment" -
Blackstone 1856.
Counsel for the Attorney-Genera
say the authorities are equally con-
elusive on the question of the right
of the Crown prosecutor to nolle
pros. any case in his discretion
but as argument on this point is now
pending before the Court, counse
do not deem it in accord with legal
ethics TO present such authorities al
this stage of the case.