The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-26
COURT NEWS
OF THE DAY
Ito Takkiijjiiro Has
: Been Turned
Loose.
KUKUAU FIRST
MATTER DEVELOPS
Motion Filed Alleging Harsh and
Severe Ruling In B 8
Land Suit.

iTOkkijiro for a writ of habeaS corpus,
the returns of F. w. Elebahn were yes
terday ordered stricken from the files
and after hearing the petitioner was
ordered discharged,
The writ was applied for on March
% by J. s. Walker for petitioner upon
the ground that said Tokkijiro was un-
lawfully restrained of his personal lib
erty by one Captain Going of the
steamship America Maru; that he has
been for more than five years a resi-
dent of the Hawaiian Islands and that
the detention of petitioner was for the
reason, petitioner was informed and
believed, that he had threatened to
commit some offense while on said ship.
Petitioner therefore prayed that writ
of habeas corpus be issued commanding
the said Captain Going to produce the
body of petitioner before the court and
that the alleged cause of detention be
inquired into.
Upon such petition the writ applied
for was issued on March %, command
} ing that the body of said petitioner be
produced before the court on March %.
In accordance with the writ the body
, of Tokkijire was seized and held in
custody by High Sheriff Brown on
! March % and brought before the court
yesterday. Return of respondent, Phil
lip Going, by F. w. Klebahn secretary
of steamer America Maru, was filed
with the court. explaining that the pc
titioner was a stowaway who had
boarded the steamer America Maru at
San Francisco; that under the laws of
J the United States the company which
! fowned the said steamship We're not al
= o.,
. land any person or persons from its
vessels at Honolulu, and that in view
of this fact and because petitioner had
threatened violence to persons on said
steamer and had declared his intention
to escape and leave the said steamer at
Honolulu, the said Captain Going
had detained him, which detention, re-
ispOndent averred, was not unlawful
1t was this return that was ordered
stricken from the files.
Under order of the court petitioner
was discharged and set at liberty
Thus the stowaway was allowed his
freedom, and there will be a case for
the United States District Court as to
the matter ~ the 5000 fine which may
be due from the steamship company to
the United States Government for
landing passenger at the port of Ho-
nolulu in violation of the law.
, United States Attorney Baird APP
!peared for the respondent and Tokki-
ljiro was represented by Attorney
Brooks.
u KUkUAU FIRST CASE
In the matter of the boundaries of Ku-
kuau First, upon the petition of Mrs. T.
l.. Richardson, a motion was filed by
appellant in the Supreme Court moving
hat Hoo H.,
n further testimony in the case, The mo-
ton is based upon the records, files, ex-
hibitS and evidence in the cause and up.
on the affidavit of E. D. Baldwin, at.
= tached to and filed with said motion
The affidavit referred TO alleges that
by reason of unavoidable delay in Sc
curing a copy of the Commissioner OF
Boundaries notes of survey and by rea
son of the voIun1inous character of sucE
I notes and the length of time required t,
! examine such, he, as representative o
; the Commissioner of Public Lands fo
the Territory of Hawaii, was unable t
l properly introduce material evidence il
J the case when It came up for hearing il
; the lower court: that he was hindereC
I by attorneys for the owners of Kukual
1 First, from Introducing much evidence
] and that said attorneys made every eff
! fort to have the taking of evidence clos
ed before the warrant could properl!
I present said evidence: that upon tn
I last day allowed for the hearing of tn
]; cause movant worked from noon unit
! midnight without food or rest present
ing much of the case as he coul
| in the best manner at his command, be
] ing refused further extension of tim
! by the court: that by reason of sue
I work, and that of the day previous with
I out time for rest or for the taking 0
/ food, and the severe strain of such hars
1 tbo
! sioner the movant suffered serious i'll
/ ness, and was for several DAYS thereaft
| er confined to his bed That thereafter
1 on the 18th day of August the hearn
! OF said cause was reopened, but that o
account of movant's illness adiournmen
was taken, and the said COMMISSIONS
I decreed that the taking of evidence wa
at an end though further hearing wa
petitioned for by affiant. That on Au
| gust 20, said Commissioner gave his de
] cison in said cause. That since sal
! decision was rendered. afffant has dis
covered much valuable evidence hearfn
I upon the questions involved in the mat
! ter, some of which evidence will ten
! to prove the following facts:
! /. That certain natural boundarie
and monuments admitted to mark tn
| boundary of Kukuau First are still
| existence. and that no evidence of tn
] same was introduced in the said prc
! ceedngs before the said Commissioner
I 2. That there are in the Office of tn
I Survey Department of this Governmer
] several reliable mars and other dat
! which will tend to more definitely fix til
~ boundaries of said Kukuau First
-- This affiant further sayeth that sine
the giving of the decision of the sal
Commissioner, this affiant has made Ion
and diligent study Of the questions ar
"a matters presented to the said Commi
he sioner, and that he IS convinced that II
IN decision given by said Commissioner
unjust: that it arbitrarily fixes the boul
diaries of said Kukuau First in sue
o- manner as to deprive the Governmel
OF large acreage of valuable land.
ar Upon these allegations ana the stat