The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-07-09

FRIDAY, July ;.

EE-rEE rf.> HONOR J SIZE y u LIZ.
the King y. Marcus Colburn. Oh
struggling Custom House officers in their
duty. A Hawaiian Jury rendered l
verdict Of acQu;ttal.
TIE CONTEMPT CASE.
The following Is a copy Of the m.tti-
mus. or warrant OF commitments
I'm tine Supreme Court Of the Ha-
vain Islands, July Term, 1889. hala-
kaua. bv the grace OF God, Of the Ha-
waiiau Islands. King. To the Marshal
OF the Kingdom or his Deputy. Greeting:
{. W. Ashford, Acknowledgement OF the
Kingdom. having this day in our
Supreme Court 1t the July Term, 1889.
Csen aiiudged guilty OF contempt OF
Court IN that. having on Monday the
first day Of July, moved the Court Tor
leave 70 enter nOlle prOsequi IN the
case Of the King v. J. K. Robertson,
and the Court having replied that it
would take the matter under adyisement,
he. the said C. W. Ashford, Attorney
General. said in effect that il the nolle
prUSegui should not be entered rs so
moved bv him that he would not pro-
coed with the criminal prosecutions, and
thereafter on the afternoon OF the said
first dav OF July. did refuse 10 proceed
with further criminal prosecutions, aud
. rule having tueTeUp0n Issued that he
should appear aud show cause why he
should not be atiUiged guilty OF con-
selapc herein: and ne satisfactory cause
having been shown, and 50 being adj
d ! ftv
said Court this day sentenced TO be IN
pris1ued tor one day twenty-iour hours
without costs.
You are hereby ordered TO take said
c. W. Ashford, AtJ0uey-General Of the
Kingdom, into your custody, and to
cause said sentence 10 be executed.
Hereof tail not. Witness, The Hon.
j. Francis Judd, Chief Justice OF the
Supreme Court, and the seal OF said
Court 1T Honolulu, this third day OF July,
1852 HENRY SMITH,
Clerk Supreme Court
The Court. on Friday morning, July
5-h. directed the Marshal 10 attend 1T
80 p. III. and report his proceedings in
respect TO executing the order or mitti-
mus for the Imprisonment, twenty-fOur
hours, of His ExcellenCy c. W. Ashford,
for contempt Of Court.
The Marshal appeared at the desig-
mated time and submitted the following
report
Honolulu, July ), 1883.
In obedience TO the foregoing mitti-
mus I hereby return that delivered the
same 10 His ExcellenCy c. W. Ashford.
Acknowledgement OF the Kingdom, for
him to read. st o'clock p. N. on the
Sd inst, st his office in Honolulu, that
he read the same. and declared himself
70 be subject to my order, that l then
and there took him into custody and
under my charge in his office and there
him Of his liberty until
O'Clock Of the same day when | deliy-
cred him 20 i. 2. Peterson Tor further
execution Of said mittimus, having then
given TO said !. 2. Peterson I commits
sion Us police constable, and that the
said ]. ?. Peterson as such constable
then and there took the said Attorney
General in his custody and removed him
to the residence Of said 4 P. Peterson
IN said Honolulu, and there held him in
confinement and restrained him OF MS
liberty until O'Clock on the morning of
the 4th inst, when the said 4. p Peter
son brought the said Attorney-Generall
10 the Station House in said Honolulu, |
and there held him in confinement and |
restrained Of his liberty until noon OF the |
same day. when he took the said At |
TO the residence OF the |
said Acknowledgement in Honolulu, and |
there held him IN confinement and re-
strained OF his liberty until o'clock OF |
the afternoon u the same day, at which |
time, the time OF said sentence having |
expired By Limitation, the said Attorney
General was released from the said re-
straint OF MS liberty and confinement OF |
lis person. JOHS II. SOPER,
Marshal"
The Court said that 'fthe sentence OF
Imprisonment plainly meant confine-
ment IN q public and lawful prison. It |
did not mean that the person should be
simply in custody or in confinement in
any other place. The office OF the At
was not made q prison |
By the Marshal keeping company with |
the AttUruey-Gsleral Tor two hours; nor /
was the residence OF Mr.. Peterson, where !
the AtJOrney-tTeneral spent the evening |
and night. he having been specially and |
for this purpose commissioned = con-
stable, made 3 prison thereby. Omit |
ting the consideration Of whether the |
time spent IN the Station House was |
time IN = prison, II appears that the /
then went 20 his own |
house with Mr.. Peterson, STAYING there, |
apparently, until the expiration OF |
tWeuty-iOur hours IRON the time OF issu-
ing the order.
Clearly the sentence OF imprisonment,
that u custody in prison, has not been
executed. The order OF me Court has
been evaied, and the authority OF the /
Court rendered nUgatOry. II was not |
that the mittimus should state l
the place Of imprisonment. No mitti-
mus under which prisoners ara held in |
the different prisons and iaiis Of this
Kingdom states the place OF confinement. /
The Court in issuing this mittimus fol-
Owed the established lorna variation 1
rom which might have been Illegal.
Finding the Marshal guilty Of con-
tempt OF Court IN not obeying It's order
be i fined one hundred dollars.
The sentence against the Attorney
General remains unexecuted, and the
Marshal i ordered 10 report 10 the Court
Fhen he has executed IT," !