The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-09-06
ARGUED IN
TWO COURTS
Estee and Gear
Hearthe HabeaS
= Corpus Case.
WADE RELEASED AND REAR
RESTED.
(From Thursdays daily

Judge Gear called up the case Of
George Wade Immediately upon the
opening of court in the morning, and
it was, in fact, the only matter pre-
scented to him during the day. Judge
Gear was about to order the discharge
without even hearing arguments, after
Deputy Attorney General Cathcart had
stated that there was no denial Of the
facts presented, when the latter called
the courts attention to section 1914 of
the civil laws. which referred to the
case at issue. He then read from the
decision of the Supreme Court OF Ha-
wall in the case of All OF in which 1t
was held that the discharge in habeas
corpus cases referred not to the order
of the lower court, but TO the final
discharge. In this case he commended
that the order of the lower court was
not final. 1T appears In the evidence,
replied Judge Gear, that this man had
/ been absolutely discharged; that the
| high sheriff had released him. The pc
titioner viii be discharged
The latter developments were much
more interesting. curious crowd
| followed Wade from the courtroom, in
company with Attorney Andrews, to
witness The subsequent procedure. At
the courthouse entrance Wade was met
by Officer Sea with warrant charging
him with assault with intent to muir
der Harry Evans, while he was at
tempting to arrest Wade after the lat
ter had killed Steward Gillespie. The
prisoner laughed when told that he
was under arrest, and remarked:
"Oh, that's all right" and started to
walk away.
Where are yeu going?' the officer
inquired. Don't you know YOU are un-
der arrest"
"Oh, yes; that's all right; l want to
go into Judge Estee's court and hear
| the arguments in these habeas corpus
cases. I don't want to go back to jail
right away"
Sheriff Brown put a stop to any such
! ideas on the part Of WADE, and he
was hustled into the patrol and taken
back to Jail again. He will be given a
| hearing on the new charge this morn
ing.
BEFORE JUDGE ESTEE.
The argument in the habeas corpus
case was continued before Judge Estee
all day yesterday, Acting Attorney
General Cathcart continuing his pre-
sentation OF the case. He cited au-
thorities extensively to show that the
court had no Jurisdiction In these cases.
He quoted a decision Of the United
States Supreme Court wherein a Ne
braska law providing for majority YER
diets had been sustained.
But a State is different from Ter
ritory," interrupted the court.
The United States Supreme Court
has never drawn any distinction be-
tween State and Territory in questions
of jurisdiction replied abe attorney
general.
Mr.. Cathcart further centended that
there were no special circumstances In
the case before the court which would
] warrant the court in not following the
general rule laid down by the Supreme
| % - h., rntf
Mr. Cathcart then argued that in
dictment by grand jury and convictions
by unanimous verdcts were not fun
damental rights granted by the con-
stitution, and they Wen not extended
to the Hawaiian Islands by the New
lands resolution OF their own power. II
they were rights. he continued. guaran-
zen Of the United States they would
be of as full efficacy in every State OF
the Union as in this Territory.
Mr.. Cathcart quoted United States
Supreme Court decisions In support OF
this view.
Judge Estee said that he believed
, right to trial by jury to Do funda-
But the Supreme Court of the Unit.
ed States says II Is not a fundamental
right" argued Mr.. Cathcart.
"Of course. II that is the case. VI
: must follow the law. / was once In {
4 legislative body that passed q resolu
!, ton that the right of secession wa,
l. given to the States. and they proved 4
y by the constitution" said Judge Es
tee.
;, "I'n stick to the United States Su
. preme Court decisions in my argu
l. ment."
l. And I'll. follow the constitution,
u returned the court.
u Mr.. Cathcart will continue his argu
70 ment this morning. and will be follow
70 ed by F. N. Brooks for the petitioner.