The Hawaiian gazette., 1901-09-17

ed returned Davis. Il have been all
night working on this case. and I am
ready to go ahead"
The court finally put the case off until
later in the afternoon when he agreed
to hear testimony.
Immediately at the conclusion OF the
manslaughter trial the matter was
again presented, and upon application
of Mr.. Davis the writ was made return
able at five o'clock. Mr.. Douthitt stat
ed that he was ready to so ahead at
once, II the case was to be called up
in the afternoon, and the writ was then
issued and made returnable Immediate
ly, despite the objection of Mr.. Davis.
In a few minutes the High Sheriff ap-
peared, Officer Sea bringing up the rear
with the prisoner, Osaki Mankicho.
Il don't like this practical joking"
said Mr.. Davis again referring to the
bogus box of cigars which he had re-
ceived. "The orders of the court must
be obeyed, this is too serious a mat
ter for practical jokes, and I won't be
insulted."
THE THIRD ATTEMPT,
The papers In the case were then read
by Mr.. Davis. The application for writ
was based upon the ground that the pris-
oner Osaki was Illegally restrained OF his
liberty; that he was released by Judge
Estee September 18th, and Immediately
rearrested upon a warrant charging him
with murder which was null and void,
and for the further reason that the ar
rest was not for the crime charged In
the warrant, nor was II with the bona
fide intention to prosecute on such war
rant. The further contention was made
In the petition that the warrant was Is
sued for the sole purpose of nullifyins
the discharge of the United States Court,
that no crime was charged In the war
rant. and that the police magistrate
was exceeding his jurisdiction. The war
rant charged Osaki with being accessory
to the murder of Ye Fook Sing. while
the information alleged that he was the
principal,
| This man was only discharged yester-
day morning, and before he left the
| building he was rearrested, and there
was no notice of such intention given to
his attorney" said Mr.. Davis. Here
We are denied admission to the prisoner,
until We get an order from the Court
and now, now (more impressively), this
man is brought face to face with his jail
or in this court"
pointee of the President of this Union
and the fact that the warrant is defec.
tive, and the Jurisdiction of the polio,
court excessive, l feel that this mar
should be discharged forthwith. If thi'
is not done l am here in the solemn dis
charge of my duty, in the interest of my
client, and l am bound to do this. | will
show that there is an attempt TO nullif!
the acts Of the highest courts In the Ter
rltory, by the Attorney Generals depart
ment. II they had intended to prosecut,
on that information they wouldn't hav,
waited for over a year TO do IT, The
judiciary and its orde-s must be obeyet
in this Territory. II IS higher than tn,
High Sheriff and the Attorney General;
department, and It's orders must anC
shall be respected This man should D,
discha,g ged now"
Mr.. Douthitt asked for time to make
return, stating that lie had just beer
} served with the writ and could not b.
expected to make out return upon
moments notice. Mr.. Davis replied tha
! IL a short delay was absolutely necessar
he would consent, though he had remain
e1 awake nights TO prepare the case. II
did not believe the prosecution was 4
good faith. and further contended tina
: complaint sworn to only apon infor