The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-08-30
UTE SURVEY THE FILIPINO STANDPOINT FREED AND ARRESTED ESTABLISH OIL BHHSH AGAINST H0N MDN
CHIDA AND WADE'S SECOND
EXPERIENCE.
Released Again on Habeas Corpus,
They are Immediately Re-Arrested
on New Warrants.

Chida Manzabaro and George Wade
were released by Judge Gear on habeas
corpus this morning, and again arrest
ed on new warrants as soon as they
left the court. 1t was their second ex-
perience Of the kind. The warrants
were issued by Judge Wilcox and the
cases are to be heard at once, this
afternoon If possible.
Judge Gear order of release was on
the ground that the old mittimusses
were not in force, since the orders re-
leasing the prisoners on habeas cor
pus a short time ago. The appeals
taken did not supersede the writ
There are several more points in
sight. 1t may be claimed that Judge
wilcox is disqualified as he heard the
former preliminary examinations. An
other claim is that the warrants are
invalid on the statutory ground that
a man cannot be arrested on a charge
from which he is released by habeas
corpus, except by an indictment or
presentment in a court of record.
When it comes to a trial, the prose-
cution is somewhat lacking in evidence
in the case of Chida Manzabaro, wit
nesses having gone away. 1t is only
necessary to hold him, however, until
the Supreme Court sits again. When
it does it will follow it's own decisions,
reverse Gear and Chida and Wade go
back to Jail under the old mittimusses.
rhe trials now to take place are there
fore useless to the prosecution, except
as a means of keeping the men in
Jail. They are simply for the purpose
of holding the men temporarily. If
the district magistrate commits them,
the cacSeS will once more be nolle
possed, for trials in the higher court
will be needless by the time the cases
are reached.
Chida has a hope. 1t is that he may
slip out between decisions. If the COM
mitting magistrate, Wilcox or Dickey,
sets him free, it will happen before the
Supreme Court has decided his time to
make the order that would send him
oack to jail on the old mittimus. He
The habeas corpus cases of Chida
Manzabaro and George Wade were be-
tore Judge Gear this morning. There
was a long discussion with the court,
Attorney General Cathcart and Attor-
neys Brooks and Andrews, as to the
effect of the decisions just handed
down by the Supreme Court, and Judge
aear frequently limited at a not very
nigh opinion of the appellate tribunal
high Sheriff Brown was called as a
witness. He testified that after the re-
lease of Chida on Gears previous rul-
ing, the defendant was rearrested on a
new warrant Then, when the Supreme
Court decided that there was an appeal
and that Gears ruling was wrong. the
new charge had been nolle pressed.
by what authority is he being held
now?" asked Brooks.
Under the old mittimus and an or
der from the attorney general to hold
MIN pending the appeal to the Supreme
(nIrt - said Brown InnUn Gear
dered the letter produced.
Cathcart contended that the appeal
acted to arrest the order discharging
the prisoner. He referred to the deci-
siOns 'ust given, and said that they laid
down the law to be followed. Judge
Gear remarked that no procedure was
provided by statute or by the decisions
for appeals in habeas corpus cases. 81
am surprised that the SupreTe Court
having gone so far, did not go farther,
said the Judge. while it was legislat-
ing it might as we'll have gone on and
provided the means of perfecting ap-
peals, so that we might know how to
act"
The attorneys for the defendants
claimed that the theory of the attorney
general would suspend the right of ha-
beas corpus altogether. 1t was declar-
ed that if the prosecution mi~ht APP
peal and hold the prisoner by so do
ing, applications for writs of habeas
corpus were useless as a means of re-
gaining liberty.
This court is not going to overrule
the Supreme Court" said Gear in CIV
ing a decision. TT will be held, how
ever, that the defendants cannot be
kept in prison under the old Elittimus-
ses, until the Supreme Court passes
upon the cases. The Supreme Court
decision does not settle the question
of whether an apneal acts as a stay OF
execution in a case of this kim and
this court will hold that such an APP
peal does not so act"
The warrants on which the prisoners
were re-arrested were sworn to two
days ago, showing that the police de-
partment prepared at once to make
new arrests, when the writs were ask
ed for.
Chida Manzabaro was rearraigned be
fore Judge Wilcox this aft ecnoon on {
charge of having murdered Yne Foot
Sing. The defendant was discharged b.
Circuit Judge Gear this morning on ha
beas corpus proceedings. r.. NJ. Brooks
the attorney for the Japanese moved
for his discharge by Judge Wilcox un
der section 1874 of the Civil Laws. Hlgl
Sheriff Brown spoke against the mo-
ton. The court took the matter unde
advisement until next Tuesday.
George Wade the 'aIrdercd Of Giles
pie was also arraigned bef)re Judge
Wilcox this afternoon and The case con
tinued until tomorrow. Wade also hai
been granted release on haSaas corpus
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