The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-22
no True BILL FOUND
IN The WALLACE elsE
CAPTAIN soogReREn REmAsDgD
TO JAIL TO SERVE
HIS TIME
His Move For Pardon-Protess Of
District Attorney ssirs-Investi-
sati-n Of the Eight Hour Law is
Taken Up.

The Federal grand jury yesterday
morning made n report to Judge Estee
in regard to the cruelty charges against
Captain Albert waIlace's case. Judge
Estee theres-on ordered that the bonds
men be released, adding that the prisoner
had already been discharged.
The witnesses in the case. who have
for many wees been confined in Oahu
penitsntiary. awaiting the action of a
grand jury. were ordered released.
The eases Of Captain George Baker
and Mate Charles Macdonald OF the shin
Emily Reed who are now on the Coast
are still being considered by the grand
Jury IL is said that the jury will re-
port upon these and other criminal cases
tomorrow. If there are any trial cases
they viii be presented to the trial jurors
Immediately.
Captain F. o. Sodergrep aapeared in
the United States District Court yester-
day morning. represented BIZ Attorney
:. NJ. Ballou. asking that be be commit
ted 10 Jail. as the remittur from the Cir
cult Court of Appeals of the Ninth Cir
cuit. San Francisco. had been received.
showing the dismissal of the appeal. Dis
trict Attorney Dunno appeared for the
Government
Judge Estee. in remanding the prison
er TO the custody of the marshal for de-
out the remainder of his six-months'
sentence. ordered that the time be COM
puted from October 3. the day upon which
Sodergren ave himself up. and that the
thirty-seven davs he served before being
admitted TO hail should also be credited
to the prisoner
When a man comes 1000 miles to sur
render himself and cannot do so because
the authorities are not ready he ought
TO be given the benefit of the time lost
Nv the authorities He is entitled to be
allowed the 81 DAYS already served" said
Judge Estee
Captain Sodergren was sentenced to
serve six months at hard labor for an
assault on & sailor between Newcastle and
this port. The captain went to tie
Ninth Circuit Court of Appeals after be-
ing admitted to bail While he was on
the Coast. hearing that he was appeal
ing TO the President for a pardon. Unit
ed States District Attorney Baird wrote
the following letter on the subject. dated
August 81:
'The President. Washington. D. c.: I
have been informed that one. Frank O.
Sodergren. a sea captain who was re-
Gently convicted in the United States
Court here for assaulting seaman on
MS snip. Is aD0ut 10 make annlicatlOn
for pardon. / wish to suggest that TO
my mind there is no ground on which to
base the anplication. and | respectful
ask that | may be given opportunity to
he heard in opposition. if the request be
made.
"Your obedient servant
John G.. BAIRD
limited States Attorney for Hawaii"
Pardon Attorney for the Department
Of Justice J. s. Eariy-S Smith reDlied to
this letter. enclosing a copy of the rules
Cor applications for pardon. Special at
tention was directed to rule 4. as fol-
lows:
when both the attorney and the judge
advise against the application. or when
Is made by one and that
is adverse. the papers are not sent to
the President. except in capital cases. or
upon his request. but when either advises
in favor Of the application the papers are
to the President"
The Federal Court adjourned until 10
o'clock this morning.
The alleged violations of the eight-hour
law by Contractor Campbell were taken
up by the Federal grand jury. Comman-
der Merry being summoned as a witness.
Several affidavits drawn up by Attorney
Andrews for the labor unions. which are
pushing the case. were presented by Dis
trict Attorney Dunno.