The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-07-29
ILLINOIS WISE.
Proceedings in the ENtraditiOn Mat-
ter in SAN Francisco.

July 9Th a hearing was had in the
United States Circuit Court in San
Francisco on writ of habeas corpus
on behalf of Illinois Wise, cook of
the barkentine w. II. Dimond, held
for the murder of a Chinaman in
Honolulu in March. The United
States Marsha's return showed that
the accused was held on two commit
ments, one issued in the proceedings
instituted in behalf of the United
States, and the other upon the extra
dition matter. As counsel for the
accused admitted that the first COM
mitment was valid, the Court declined
to pass upon the question as to
whether the second was valid or not,
and promptly dismissed the writ, re-
handing the prisoner to the custody
of the Marshal.
July 10Th the matter came up be,
fore the United States Commissioner
for the purpose Of taking dispositions
under the extradtion laws. The
prisoner appeared in person and by
counsel, and caused to be entered of
record Of the proceedings of the
| United States VS.. Illinois Wise an
admission of the defendant TO the
following effect: 'rhat the deceased
Chinaman was killed on board of the
bark w. II. Dimond, at or about the
time mentioned in the complaint.
That at the time he was killed the
bark was moored to the dock in the
harbor of Honolulu, and at the time
of the killing the deceased was pas
senger on board the w. FL. Dimond
for the purpose of being conveyed
thereon from Honolulu to San Fran
CISCO"
Thereupon defendant waived fur
Their examination and insisted that
the Commissioner had no discretion
in the matter, but must hold the de-
PENDANT to answer before the United
States Grand Jury. This the Com
missioner did. The admission of the
defendant that the deceased was a
passenger was made for the obvious
purpose of claiming that the offense
was cognizable under the United
Sttaes laws, end, the Federal Courts
having first acquired jurisdiction,
the defendant could not be eXtradit-
ed. Messrs. Lindley & Eickhoff,
counsel for the Hawaiian Govern
ment, insisted that the admission was
contrary to the fact as it would be
developed upon the trial, and was
only binding so far as the prelimi-
nary examination was concerned.
The Commissioner declined to pass
upon the matter of jurisdiction, say
ing it was matter to be decided by
the Circuit Court.
A statement has been made by
Illinois Wise, in which he endeavor'
to shift the crime on the ships
Waterman and a Chinese vegetable
peddler. Counsel for this Govern
ment were awaiting the arrival of thu
Honolulu steamer to bring them thu
Chinese deposition. When this reach
ed them they would present it to tn
Commissioner, with such other evi
dencc as they might have, ard Their
the matter was likely to rest unit
the case was disposed of in the Circui
Court.
AS the prisoner is safe in the hand
of the United States authorities
Capt. Hopkins will return by til
!, steamer Australia. Should the tria
of Wise take place in San Francisco
it will be difficult to obtain convictin
! evidence. Dispositions will not b
5 received in the trial of a crimin'
4 action. Counsel have written to TIL
$ Hawaiian Government for instruC
!, tions, and say their course has bee
approved by Consul-General McKir
ley.