The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-07-28
FOLLOWED BOlEs INSTRUCTIONS
a SPECIAL GRAND JURY WILL sE
CALLED sY JUDGE ESQ.
o. GEAR.
An oi and Hamilton RssrresssS-su
prems cour, oseisioos-Lovs A.
Iesss Fraud-aiseeIIsnsOes Mat.
tiers in the Courts.

The Judge OF court OF record
giving liberty to number OF men ". 10
had been illegally condemned and TN
prisoned la Oahu penitentiary dur.ug
the so-called transition period. whcA
the Constitution Of the United Ssatc.
and the unmistakRbts words OF thr
Newlands Resolution were foTSotten
or ignored and men we're convicted OF
crimes by less than a unanimous Jury
verdict: the Attorney General of the
Territory instructing the High sheriff
TO rearrest the released men: the Higl
Sheriff arresting the released men BE-
fore they had left the Temple OF Jus-
tice; the speedy calling og the Hfeh
Sheriff before the bar OF the C0art
that he might be given the opportunity
OF showing cause why he should not
be adjudged guilty OF contempt. the
statement OF the High Sheriu in his
own behalf and the explanations OF
the Attorney General in defense OF
the High Sheriff and himself an I'm
passioned appeal OF the Attorney
General in behalf OF the High Sheriff:
'he Court. despite the pathetic pray
ers, declaring the High Sheriff In con
tempt and ordering him imprisured
for one hour. the Court. mingiing
mercy with justice lshving II TO the
High Sheriff himself to see that the
sentence of the Court was carried out
all these things highly interesting
made up the drama enacted In Judge
Gears court yesterday
In the corridors OF the Judiciary
building on Friday afternoon. Just af-
';il, were afsedgsfpk s tNQ stt2gas.xs e..
proceedings.
''Ive known Of cases. said one.
where men released on writs OF ha.
beas corpus were rearrested almos-
before they could leave the cour-
room"
Yes. but the sheriff or officer max
ing the arrest was guilty. Of contempt
OF court" said the other. Both Of
these gentlemen were verv much sur
prised yesterday when High Sheriff
Brown made the mistake OF rearrest-
| ing the released men before they had
left the building.
Attorney F. NJ. Brooks brought ur
the cases OF three OF the Kahuku
| Japanese under sentence for murder
| Ihara. Osaka and Yamane.
Before making his ruling In q Q
| first case Judge Gear stated that be-
had decided TO call a special grand
| jury to investigate the cases OF pris-
oners who were released and who are
10 be rearrested on original charges.
! Judge Gear said that he had not in
tended to call such a jury but in view
Of the fact tlat. In addition TO the
| men already set free. there were many
others in prison who could be given
their liberty. but who. according to the
Attorney Generals department. ought
TO be IN prison. he thought L advisa-
bic that a special grand jury should
be called
Reference vas mads By Judge Gear
to the Attorney Generals statement In
his applications for writs OF manda-
mus TO compel Judge Gear 10 allow
appeals in the habeas corpus cases. %
the effect that the decision in the
Goto and All OF cases showed the
court misunderstood the application Of
the insular decisions OF the United
States Supreme Court 20 Hawaii.
Judge Gear stated that be had not
. based the. decisions on the fnsular de-
/ cisions. but the Newlands Resolution
The Attorney General requested
that the calling Of the grand jury -
postponed until Monday AZ least. 70
) fsrring TO his appeal to the SUPREME
Court IN the matter cf the writs Of
habeas corpus His Horror. however
I said that he did not propose % post
: pone calling jnrv so as 10 give the
AtfoTnev General time 20 get special
5 term Of the Supreme Court 70 reyseV
: the Goto and Al Oi rulings.
{ His Honor expressed Il as his opin
r Ton that the Supreme Court wouiS
D rule the same as bis court.
I Thara was the first Of the tare'
e Japanese 20 be brought before m
4 Court. He was informed thar be
D was living In America nov, or word
TO that effect. and that American law
prevailed and that be had been sen
, 10 the reef in an Illegal manner. H
5 was told that be was a free man
I Ihara lost no time in getting ou
e Of the court room AS be posse'
; through the door be observed Higl
6 Sheriff Brown sitting on the inside
n Once outside the door he ran into n
r araetionate arms Of Toma Abe, vh
held onto Thara and beloved In whil
per into bis ear that be was unde
% arrest for the crime Of murder.
~ Yamane was the next 10 be told tha