The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-10-12
DAs1ARDLY FLING AT JUDGE
ESTEE.

III Is the general opinion that Judse
Estee il a constitution follows the flag
man and that be viii order Marshall re
leased In such an event il is certain
that the Hawaiian government will carry
the matter Up TO the United States s1-
prerDe eourt.--The Evening Star.
In the above the Star casts an asper-
sion upon the honesty and integrity of
Judge Estee. II pretends TO believe that
be has prejudiced the Marshall case and
that when IL comes before him be will
be as prejudieed and biased in his views
as though he had been a member Of the
judiciary of the Republic of Hawaii.
Neither the Star nor any one else is
prepared TO speak for Judge Estee. He
is man who thinks for himself and is
absolutely honest in his views. He will
be led by the law and the facts in the case
in the hearing of the Marshall case. the
same. as he has in the hearing of all cases.
and neither threats nor csjolery will
cause him TO wave one iota from the
strict line of his duty. No matter if all
the lawyers and all the courts in Hawaii
favored Marshall's release he would not
be released by Judge Estee If the latter
believed that Marshall had been legally
convicted. On the other hand, IL the
presentation of the case caused the court
TO believe that the man had been un-
lawfully deprived of his liberty. all the
arguments or influence in Hawaii would
not swerye Judge Estee from perform.
ing his sworn duty and releasing the
prisoner.
So fearless and outspoken in his hon
esty has Judge Estee been all his life
that be failed TO gain political prefer
ment in California. Not because the
plain people did not believe in his hon
esty, but because the corporations ami
moneyed interests of the state could NOT
own or control him, and so they used
their money and their power to accom-
plish his defeat. They feared Judge
Estee because they knew he would DO
what he believed to be right regardless
of the effect upon private or public inter
ests. That is the reason he is making
such splendid record as judge of the
United States district court for Hawaii
He is absolutely honest and without
prejudice or favor. He decides his cases
on the law and the evidence
To say that it is the general opinion
that Judge Estee is 'constitution-fo.-
lows the-fag' man, is to cast an aspersion
upon his honesty and integrity that is an
insult to the man and an insult to the
court. Judge Estee is not the man to
discuss important questions that may
come before him for judicial determine.
tior. The whc.e thing is wicked and
malicious fling at Judge Estee which IL a.
uncalled for as it is malicious.
But then what else can be expected
of q man or newspaper which is SO ig
norant of the law as to say that il Mar
shall is released on a writ of habeas cor
pus that "the Hawaiian government will
carry the matter up TO the United States
supreme court" The Star. IN its ignor
seems utterly incapable of re-
alizing thar there is no Hawaiian gov-
ernment in the sense il speaks of it, |
There is government Of the Territory of |
an appointive government. which |
possesses no sovereign powers. Its pow
ers are merely municipal.
And how any one with even common
school knowledge can speak of gov
ernment" appealing criminal case.
When a man charged with crime is re-
eased after having once been in jeopardy. |
that settles it. There can be no appel |
by the state under the English or the
American law. and one would think that |
The most ignorant should know this. The
defendant in a criminal case has the right /
to appeal. but the state. never.