The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-24

take up the cases because the Supreme
Court would pass upon them.
High Sheriff Brown testified that
Brooks had appeared for the defendant,
and answered ready when the case was
called in District Court He said that
one continuance had been asked by the
prosecution. but that he had been al
ways ready to proceed, the only reason
the cases were not taken up by Judge
Wilcox was because they expected TO
take the habeas corpus cases directly
before the grand jury, and as it would
require three or four days to hear tho
evidence. He did not think it would be
best to present the evidence twice. He
said further that the witnesses were
on hand and ready to testify before the
grand jury several times: he did not
know for what reason they were not
heard. He said he had not been in
formed officially that the cases had been
appealed; that he had signed the infer
nation on the previous knowledge he
had of the crime
George See also testified that eight
witnesses We're present during the
grand jury session, ready to testify in
these cases.
Attorney Brooks then argued briefly.
asking that the prisoner be released. as
it was shown that he had been denied
a speedy trial though at all times ready
and anxious for a hearing. He said that
the Attorney General was holding these
men yith0rt legal authority, and the
only s"ound for their imprisonment was
the appeal 10 the Supreme Court, as the
re~arrest was only used as a pretext for
holding them unit! the higher court
passed upon the application for an ap-
peal.
Mr.. Cathcart replied that the evidence
was conclusive that the delay in the
trial was not due to the prosecution.
and the prisoner had no ground for
coming into court with an application
for a writ when he had already consent
ed to a trial next Tuesday. This alone,
he said. was sufficient to justify the
court in refusing to allow the writ. The
court intimated that the reasons pre-
scented by the Attorney General did not
constitute the real ground. upon which
the writ was being contested. Mr.. Cath
cart replied that the court had only to
consider the evidence presented. which
was sufficient to cause denial of the
relief prayed for. Judge Gear stated
then that he would not go outside the
record in giving his opinion. He will
pass upon the case this morning.
ANOTHER SMUTTY CASE.
During the noon hour the court heard
the application of Mary Kalilialu for a
divorce from Kuahine. This was an
other case where it was shown that the
wife. who was deserted seventeen years
ago. gave way for another, and the de-
PENDANT was living in open adultery
with the second woman. Their home
was said to be in Laie and the facts
brought out at the time were ordered
presented to Sheriff Brown for proper
action. The High Sheriff happened to
enter the court room as these facts
were brought out. and when the court
asked him to look into the matter he
replied that he would certainly make
an investigation and if the facts were
as shown in the trial a prosecution
would follow.
CLERGYMAN MAGISTRATE.
II was during the hearing or TINS
divorce case that rather interesting
discussion took place between Judge
Gear and one of the witnesses, the Rev
]. Kekahuna who married the couple II
1877. During his testimony the fact wa:
disclosed that the witness was also dis
trict magistrate at Laie, in the distric
of Koolau.
How long have you been the judge
there?' asked the court
Since 1894"
"Who appointed your?
Il was appointed by the cabinet ant
the president of the Republic
Did you ever have a certificate t.
practice law?''
No, sir
! Did you ever practice law"
NO. ! was appointed right from thu
church TO the judgeship.''
Tell him tthe examination was con
Quoted through an interpreter that
| hope he viii have a chance, when ;
! vacancy occurs on the Supreme Bench
We have two men there now who do no
practice law either"
| The Interpreters thanks you Yer,
much" CThe witness evidently took TIL
courts remarks seriously)
! THAT seems TO be the CUSTOM, re
marked the court. ASK him if it ha
| been the custom heretofore to appein
| judges who have never practiced law.
! Dole thought they We're good rnen
/ whether they had practiced law or no
| he would appoint them. Tell him to an
swer yes or no"
THAT is a thing / am not aware of,
| replied the witness.
You don't know whether or not it wa
he 2'i
Il don't know whether it the Gus
tom to appoint them, if they were with
out prior knowledge of the law
| II only wanted TO find out as matte
of history. You had been a preache
before you We're appointed"
| Yes"
.'of a branch of the Central Unto
church ! suppose"
Yes
Il thought so. That is ALL
Judge Gearl granted the divorce as ASK
ed for by the complainant.
WIDOW GETS HALF.
An order was made yesterday by whic
/ Antonio da Silva. of Georgetown, BIRTHS
Guiana. widow of Jose Antonio da Silva
be given half the estate of the deceased