The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-07-06
SUPREME COURT.
JULY TENN.

FRIDAY, July 5.
BEFORE HIS HONOR JUSTICE M'CULLY.
The King VS.. Marcus Colburn. OBJ
structing Custom House officers in their
duty. A Hawaiian jury rendered a
verdict OF acquittal.
THE CONTEMPT CASE.
The following is a copy of the mitti-
mus, or warrant of commitment:
''In the Supreme Court of the Ha-
vain Islands, July Term, 1889. Kala-
kaua, by the grace of God. of the Ha-
wallan Islands, King. To the Marshal
OF the Kingdom or his Deputy, Greeting {:
Y: W. Ashford, Acknowledgement of the
Kingdom, having this day in our
Supreme Court at the July Term, 1889,
been adjudged guilty of contempt of
Court IN that, having on Monday the
first day OF July, moved the Court for
leave to enter nolle prosequi in the
case of the King VS.. j. r. Robertson,
and the Court having replied that it
would take the matter under advisement,
he, the said G. w. Ashford, Attorney
General, said in effect that if the nolle
prosequi should not be entered as so
named by him that he wonld not pro-
coed with the criminal prosecutions, and
therefore on the afternoon of the said
first day OF July, did refuse to proceed
with further criminal prosecutions, aud
a rule having thereupon issued that he
should appear and show cause why he
should not be adjudged guilty of con-
tempt herein; and no satisfactory cause
having been shown, and so being adj
judged guilty of contempt, and by the
said Court this day sentenced to be i'm
prisoned for one day (twenty-four hours
without costs.
You are hereby ordered to take said
Z. w. Ashford, Acknowledgement of the
Kingdom, into your custody, and to
cause said sentence to be executed.
Hereof fail not. Witness, The Hon.
A. Francis Judd, Chief Justice of the
Supreme Court, and the seal of said
Court at Honolulu, this third day of July,
1889. HENRY SMITH.
Clerk Supreme Court"
The Court, Thursday morning, July
4th, directed the Marshal to attend at
80 p. m. and report his proceedings in
respect to executing the order or mitti-
mus for the imprisonment, twenty-four
hours, of His Excellency G. w. Ashford,
for contempt of Court.
The Marshal appeared at the desig-
mated time and submitted the following
report:
HONOLULU, July S, 1889.
''In obedience to the foregoing mitti.
mus l hereby return that delivered the
same to His Excellency G. w. Ashford
Acknowledgement of the Kingdom, for
him fn rood Of o1o11olx l.
Sd inst, at his Office in Honolulu, that
he read the same, and declared himself
to be subject to my order, that l then
and there took him into custody and
under my charge lin his office and there
restrained him of his liberty until 4
O'Clock of the same day when Ideliv-
cred him to A. P. Peterson for further
execution Of said mittimus, having then
given to said A. p. Peterson commits
sion as police constable, and that the
said A. 2. Peterson as such constable
then and there took the said ATTORNEY.
General in his custody and removed him
to the residence of said A. P. Peterson
in said Honolulu, and there held him in
confinement and restrained him of his
liberty until O'Clock on the morning of
the 4th inst, when the said A. p. Peter
son brought the said Acknowledgement
to 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
torney-General to the residence of the
said Attorney-General in Honolulu, and
there held him in confinement and re-
strained of his liberty until 2 O'Clock OF
the afternoon Of 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 his liberty and confinement of
his person. JOHN II. SoPER,
Marshal"
The Court said that "the sentence of
imprisonment plainly meant confine-
ment in public and lawful prison. 1t
did not mean that the person should be
simply in custody or in confinement in
any other place. The office of the At
torney-General was not made a prison
by the Marshal keeping company with
the Attorney-General for two hours: nor
was the residence of Mr.. Peterson, where
the Acknowledgement spent the evening
and night, he having been specially and
Tor this purpose commissioned con-
stable, made a prison thereby. Omit
ting the consideration of whether the
time spent in the Station House was
time in prison, it appears that the
Acknowledgement then went to his own
house with Mr.. Peterson, staying there.
apparently, until the expiration of
twenty-four hours from the time of issu-
ing the order.
Clearly the sentence of Imprisonment.
that is custody in prison, has not been
executed. The order of the Court has
been evaded, and the authority of the
Court rendered nugatory. 1t was not
necessary that the mittimus should state
the place of imprisonment. No mitti-
mus under which prisoners are held in
the different prisons and iails of this
Kingdom states the place of confinement.
The Court in issuing this mittimus fol-
lowed the established form--a variation
from which might have been illegal,
Finding the Marshal guilty of con-
tempt OF Court in not obeying it's order
he is fined one hundred dollars.
The sentence against the Attorney
General remains unexecuted, and the
Marshal is ordered to report to the Court
when he has executed it."
AT CuAMREpS