The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-05
Estee and Gear
Hearthe Habeas
Corpus Case.
WADE RELEASED
AND REARRESTED
Cathcart Says Grand Jury Indict.
ment and Unanimous Verdicts
Not Fundamental Rights.

Habeas corpus upstairs, and habeas
corpus downstairs, was the order of
arrangement in the Judiciary building
yesterday. Judge Gear allowed the re-
and Judge Estee listened 20 the clos
ing arguments in the case of Osaki
Mankicho.
WADE RELEASED AND REAR
RESTED
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 it
was held that the discharge in habeas
corpus cases referred not to the order
of the lower court, but to the final
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 will be discharged"
The latter developments were much
more interesting A curious crowd
followed Wade from the courtroom, in
company with Attorney Andrews, to
witness the subsequent procedure. At
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 you going?" the officer
inquired. Don't you know you are I'M
der arrest ?"
oh yes; that's all right; / want to
go into Judge Estee's court and hear
the arguments in these habeas corpus
cases. l don't want to go back to Jail
right away"
Sheriff Brown put a stop to any such
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
He quoted a. decision of the United
States Supreme Court wherein a Ne
braska law providing for majority YER
diets had been sustained.
But 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 the attorney
general.
Mr.. Cathcart further contended that
there were no special circumstances in
the case before the court which would
warrant the court in not following the
rule laid down by the Supreme
Court of the United States.
Mr.. Cathcart then argued that In
dictment by grand jury and convictions
by unanimous verdicts were not fun
rights granted by the con-
stitution, and they were not extended
to the Hawaiian Islands by the New
lands resolution of their own power. If
they were rights, he continued, guaran-
teed by the constitution to every clti- /,
zen of the United States they would