The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-24
WILLIAM H. MARSHALL began
yesterday to serve the sentence

w yesterday to serve the sentence
of six months imprisonment for
libeling former Chief Justice A. F.
Judd. The editor of the extinct Vol
cano went back to prison stripes and
hard labor resignedly and says that he
will serve out his sentence and will not
carry his case further.
For ten days Marshall has been at
liberty on bail since he was released by
virtue of an application for writ of
habeas corpus addressed to Judge Es-
tee in the United States District Court.
Yesterday Judge Estee decided that he
had no jurisdiction in the case, holding
in lengthy opinion that the Constitu-
ton of the United States was not in
effect in Hawaii until the going into
effect of the Organic Act.
AS soon as the decision was rendered
| Marshall's bondsman, c. S. Desky, sur
rendered him and he was taken at once
| to the JAIL Attorney General Dole
made a proposition to Marshall's at
| torney j. T. DeBolt that might have
resulted in the taking of the case to the
| Supreme Court of the United States
| had Marshall desired to carry it furth-
er but he decided instead to serve out
his sentence.
1.-THE law provides said Attorney
General Dole yesterday in regard to his
offer to Mr. DeBolt, that any judge Of
a court of record may for cause shown
to his satisfaction respite any convict
ed criminal for any length of time suf-
| ficient for the purposes of mercy and
not to work injury to innocent third
parties. Under the provisions of this
statute 1 offered to petition the Su-
preme Court of the Territory that Mar
shall's sentence might be respited pend
ing a transfer Of the questions involved
to the Supreme Court of the United
States, by writ of error, in case he
would wish to avail himself of the
right. 1 felt that it was just and fair
if he believed himself illegally con-
vieted that the serving of his sentence
should be delayed until the Supreme
Court of the United States should de-
eide the matter His counsel has in
formed me this afternoon that he has
| decided not to carry the case further.
The opinion of Judge Estee is in full
as follows:
TEXT OF THE DECISION.
In the United States District Court for the
/ Territory of Hawaii.
In the Matter of the Petition of William
4 H. Marshall, for a Writ of Habeas
u Corpus.
~. t. De Bolt, Esq, attorney for petition
er; George D. Gear. amicus curiae (for
petitioner); E. P. Dole, Esq, Attorney
General for the Territory of Hawaii;
John c. Baird, Esq, United States
District Attorney for the Territory OF
Hawaii; A. S. Hartwell, Esq, w. o.
Smith and Abraham Lewis, Jr., amici
, .curiae (for respondent).
The petitioner, William II. Marshall
filed his petition for writ of habeas cor
pus on October 18th, 1900, setting UP the
: following facts:
: That he is citizen of the United States
; and of the Territory of Hawaii; and that
he is now and since the 9Th day of Octo-
=. Der. 1900, has been unlawfully restrained
4 of his liberty and imprisoned by one Ar
: thur NJ Brown, the High Sheriff of the
Territory of Hawaii. and that such i'm
lprisonruent sis Illegal and in violation OF
4 the Constitution of the United States OF
America that the illegality thereof con-
! sists in this. to wit; that on the 18th day
Y tof May A. d. 1900, the petitioner was put
to his trial in a criminal case .in the
Circuit Court of the First Judicial Cir.
cult, Hawaiian Islands. wherein the Re.
Ipublic of Hawaii was plaintiff and sale