The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-26

SUPREME COURT
WILL ADJOURN
Judge Gear Denies yamani a
Writ-Says he Would Allow
Prisoners Bail.

doubt hand down decisions today in
both the income tax and habeas corpus
cases. A session will be held this morn
| ing commencing at 10 o'clock, which
may or may not hear other appea
cases. Chief Justice Frear is expecting
to leave tomorrow for the Coast. and
on that account it seems certain that
all pending matters will first be dis
posed Of While many guesses have
been made as to what the decisions in
these important cases are to be, the
fact remains that no one excepting the
three Justices really knows what the
Supreme Court will do today.
If it is held that the Territory has a
right to appeal in the habeas corpus
cases, the prisoners released by Judge
Gear and re-arrested by High Sheriff
Brown must serve out their sentences,
as fixed by the courts which first
heard the cases. If the Supreme Court
holds that there is no appeal, which is
only a remote. possibility. or that Judge
Perry is disqualified, the prisoners
would have to be given a hearing be-
fore the District Court, and if held to
the grand jury a special jury wound
very likely be called.
On the other hand if the men are
held to be rightfully confined it is said
that the attorneys for the prisoners will
appeal to Judge Estee for a writ of ha-
beas corpus on the ground that the
prisoners are restrained of their liberty
contrary to the Constitution. In either
event some intricate legal complications
may follow.
Upon the decision in the income tax
case the question of special session of
the Legislature is said to depend. There
is good deal of speculation also as to
what the Supreme Court will do in this
case as even If the law as whole was
held to be constitutional, some of its
sections are likely to be expurgated. in
which event the Legislature might feel
called upon to hold another session for
the purpose Of amending the measure
in conformity with the law as laid
down by the Supreme Court of Hawaii.
YAMANE MUST STAY.
Judge Gear passed upon the case of
Yamane Nenchurio, for a writ Of ha-
beas corpus Saturday morning, denying
the second application of the writ, and
sending the Jap back to prison The
court held that it was not shown that
the prisoner was denied a speedy trial,
and cited the action of the attorney
for the defendant in agreeing to a con-
tinuance in the lower court as proof of
this. Judge Gear gave the defendant's
o. yynly % or Xvii c1lo
costing that he would allow bail TO
prisoners held under this second infor-
nation If application was made, ask
ing, however, that nothing be done be-
fore Monday, when the Supreme Court
would give a decision.
In passing upon the case the court
said:
This defendant was released on an
order Of this court, and was afterwards
rearrested and a Grand Jury was CALL
ed In order that he might have q
speedy hearing. For certain reasons
the Grand Jury failed to give him a
hearing, and he has not been given a
hearing in the District Court ).
1T is the duty of the court to con-
slider all the facts and circumstances
in order to ascertain whether the pris-
oner has been given hearing or not.
The circumstances in this case are
very peculiar. The court released this
prisoner formerly because it believed
that he was illegally detained. The
court did not discharge this man and
others for the purpose of taking away
the rights of the prosecution to press
the charges against them. The court
was not anxious for jail delivery any
more than the community.
In this case the court cannot see
where speedy trial has been denied.
There have been cases in which de-
PENDANTS have had to wait two or three
terms. There are some authorities that
sustain Mr.. Brooks contentious and
they are strong. but In justice the
court does not think that this prisoner
should be again discharged
1t Is the opinion of the court that
the prisoner ought to be given a hear
ing at once, and that the attorney gen.
erai ought not to wait for other events.
understand that he is held under the
old warrant, awaiting a decision of the
Supreme Court sustaining the old trial
In swearing out a new warrant and
holding the prisoner, both ways the
Attorney General is inconsistent"
b MUST PAY FOR PAINT.
A jury Saturday awarded William
Paikuli $3.50. against T. r. Lucas, for
painting house. The plaintiffs bill
was 1858, but defendant claimed that
the work was not properly done, and
the jury discounted the bill for the de-
fective work.
The jurors were: A. Fernandez, r.
w. Davis, Oscar Cox, ]. Fabian, S. NJ
Damon, ]. b. Atherton, J. A. McCand-
less, w. M. Buchanan, NJ P. Robinson,
w. A. Baldwin, E. S. Holt, George Ke-
kauoha.
THE RIGHT OF APPEAL
The question of the right of appeal
from the Hawaiian Supreme Court TO
the United States Circuit Court is like