The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-23
TRYING A
NEW. TACK
Release of Yamani
On Writ Again
Asked.
SUPREME COURT
WILL SIT TODAY
Judge Gear Severely Scores Por
tuguese Who Deserted His
Wife for Her Sister.

Ondpie 10 ueieal the SnuS OF justice
through the release of nearly a dozen
criminals by Judge Gear, the attorneys
for the prisoners have adopted new
method of attack which the Attorney
General will be compelled to resist to-
day. Yesterday afternoon Attorney F.
NJ. Brooks appeared before Judge Gear
with an application for a writ Of .ha-
one of the Kahuku Japs, who was first
given his freedom by the order of the
Circuit Court and then rearrested by
High Sheriff Brown.
The writ was signed by Judge Gear
and is made returnable before him at
$50 o'clock this morning.
The petition for a second writ of ha-
beas corpus is based upon the alleged
Illegal Imprisonment of Yamani, and the
denial of speedy trial. 1t is claimed
that the applicant for the writ has al
ways been ready and anxious for a
hearing, but that this has been denied
to him and he is held without due
course of law, there being neither an in
dictment by a grand jury or commit
ment by any magistrate.
1t will be remembered that applica-
ton was made before Judge Wilcox for
q hearing by these various defendants,
but it was refused because the grand
jury was in session at the time, and 1t
has always been the practice of the
District Court not to try prisoners on
an indictable offense when the grand
jury is in session and may act directly
on the cases brought before it. The
presentation of the cases of these men
to the grand jury and the consequent
denial Of speedy trial, can hardly be
attributed to any one but the court
which ordered the discharge Of the
grand jury, on the very day that they
announced their intention of taking up
these very cases, in which the Attorney
General had his witnesses in readiness.
SUPREME COURT CONvENES To-
DAY.
The Supreme Court will meet today
that the decision in the habeas corpus
cases will be handed down from the
bench, as the opinion was expected to
be ready yesterday. 1t Is stated by
those who claim to know, that the court
will overrule the opinion of Judge
Gear and remand the prisoners back to
prison. AS to the alleged Disqualified
ton of Judge Perry, these same know
it-alls say that the opinion will have to
do with only the case of the one prison
er who was not before Judge Perry on
the original hearing. Judge Galbraith
is expected to give dissenting opinion.
MACON VS.. HARRISON.
The arguments in the case of Magoon
VS.. Harrison were concluded about
o'clock yesterday afternoon, and the
court adjourned for the day. He re-
served his decision on the motion of de-
PENDANT for non-suit.
THE NUNEz DIVORCE CASE.
Judge Gear from the bench yesterday
announced his firm intention to break
up, as far as is in his power, the prac-
tice of adultery in Honolulu, and it is
not at all unlikely that the next grand
| jury may be instructed to look into
some of the most fragrant abuses of the
| law. The Nunez divorce case was the
particular subject which called forth
the strong charge of the court, but this
| is the only case of which judicial no.
| tice has been taken. All the evidence
| in the case was taken down by Court
Reporter Case, and by the order of the
court will be presented to the High
Sheriff today, with a recommendation
that he take action in the matter. Both
Nunez and his sister-in-law, with whom
it was alleged he was living in open
adultery, were brought into court al
noon yesterday and placed on the stand.
Both were informed that they would
not be compelled to incriminate them
selves in their answers, and the hus-
band, in accordance with this instruc-
ton, refused to answer when the court
put direct questions as to his guilt. The
woman, Maria Sylvia. on the other
hand, unblushingly denied that she had
been living with NuneZ as his wife,
though she admitted that he was living
in the same house, for which he paid
the rent, besides giving her money for
board. She said she was living mot
quite alone" and when questioned fur
Their said, II have child
why did you leave your wife?' ask
| ed the court of the husband, who was
| put on the stand first.
Because her temper was too high,
| was the answer.
| How about her sisters temper?
| Il don't know anything about it.
| Has she as great temper as your
wife?"
IT don't know
You are living with her, aren't you ?
well, not exactly that"
In passing upon the case Judge Gea
said:
1T may be this home will be broker
up that has been Illegally established be
tween these parties. This man, when h
married. took an obligation upon him
self to support this woman, his wife
land no man, who is able, is going to &c