The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-02-15
BITTIHe BEFORE
FEDERAL COURT
HIGH SHERIFF MAKES RETURN
TO WRIT OF HABEAS
CORPUS.
Attorney Davis Makes Argunen. for
Prisoner-Judse Estee Will Con-
slider Only Constitutional Cues
tion-Heieased on Bail Till Today.

| c. c. Biting, the attorney who was
sentenced on Wednesday by Judge
| Humphreys. 10 be imprisoned ten days
for contempt Of court, was brought
/ before Judge Estee in the United
| States District Court yesterday morn
ing under the writ of habeas corpus
/ previously reported in The Republican
He was represented by Geo. 4 Davis
while Attorney-General E P Dole ap
peared for the respondent. High Sher
III Brown, who also put IN a personal
appearance. The United States Attor.
ney. J. c. Baird, was present but took
no part in the proceedings
The following is the respondents re-
turn. which was read in court:
Arthur NJ. Brown. for return to the
writ of habeas corpus filed herein.
says:
That he is the High Sheriff OF the
Territory of Hawaii
That he is responsible for the prop
er care and custody OF all territorial
prisoners throughout the Territory Of
Hawaii. and for the custody of all per-
sons held for trial before the courts
of said Territory and for the custody
of all persons lawfully confined by or
der of any territorial Judge
That on the 18th day of February,
1901. about II O'Clock a. m, he receiv-
ed a mittimus from the Circuit Court
of the First Judicial Circuit of the Ter
ritory of Hawaii, a copy of which is
hereto attached and made part here
of, directing him. the said High Sher-
iff.to imprison one c. c. Biting for the
term of ten days.
. That in accordance with the order
therein contained said c. c. Biting
was, at about 1870 a. m. on said 18th
day of February, conducted TO the
Oahu Jail or Prison in compliance
with the order in said mittimus con-
tanned.
That said C. C. Biting, while con-
fined in Oahu Jail or Prison is not
confined in Oahu Convict Prison
THAT three separate and distinct
portions of Oahu Jail or Prison are set
apart for three separate and distinct
classes of persons in confinement; one
portion being set apart for persons
convicted of and serving sentences for
felonies; another portion for the con-
finement of persons serving sentences
upon conviction of misdemeanors, or
held for non-payment of fines. and the
third portion for the confinement with
out labor of persons held for trial or
detained by order of court, as in the
present instance.
That the said Biting is now confin-
ed in the aforementioned portion of
Oahu Jail or Prison, separate and dis
tinct from any of the prisoners con-
victed either of felony or misdemean-
or
That the facilities for caring for
said Biting in a suitable manner are
much better where he is than they
would be at the police station, or at
any other place within the official
charge of the respondent. and he is
provided with comforts and privileges
such as he could not be provided with |
at any other place within the official |
charge of respondent"
Mr. Davis argued for the writ at
some length He combated the claim
that the separation of prisoners alleg-
ed in the return detracted from the
force of the complaint. Mr.. Biting
was actually imprisoned in the
territorial penitentiary and there was
no evasion of the fact possible. Such
under the same roof and
within the same walls as confined muir
ierers, thieves and all manner of fell
)ns was contrary to the constitution
IF the United States. unless the SEN
.ence thereto was consequent upon
he indictment of grand jury and the
verdict of a trial jury.
Judge Estee made remarks occasion
lilly but gave no positive opinion. be-
-ond disclaiming any jurisdiction ex-
,epting as to the constitutionality of
he Imprisonment of an American
,itizen. So far as regarded the con-
inement of misdemeanants and per-
ions awaiting trial in the same prison
With felons, he was opposed TO any
'uch system but he had no power to
make laws for the Territory OF Ha-
vail
As Mr.. Davis Desired more time TO
'onsult authorities. the case was con-
inued till 10 o'clock this morning.
Upon the agreement of counsel on
10Th sides. Mr.. Biting was released
N a bail bond in $3.50. While procur-
ng the bond he was in charge of Ches-
or A. Doyle. an officer under the High
sheriff.