The Hawaiian gazette., 1901-09-17

nation and belief was not good. The
court sustained this view. and said he
had often before held that such irfor-
nation would not be accepted in his
court.
High Sheriff Brown was then put on
the stand by Davis. to prove that he had
, not been n witness of the chine charged
in the information signed by him. Mr.
Brown admitted that he had not seen
, the murder committed, hut had obtained
/ his Information from witnesses who te5-
! titled at the trial. 1t was shown that
the information in the present case was
upon an entirely new charge, and Davis
then asked the witness:
why did you wait for over a year
and a half before you filed this COM
plaint'
When that man got twenty years,
thought II was enough. We were pros
! ecutlng, not prosecuting the man"
why, then, did you wait until after
he was released upon habeas corpus be-
| fore You swore out this new complaint
II thought the man was guilty and
should be punished for the crime"
"You had this warrant served out on
the ith of September. while this man was
in your custody upon writ issued by
Judge Estee. Why was that?"
II believe that was the day the writ
was made returnable. and I wanted to be
prepared In case he was released"
why didn't you arrest him right
away; what was your object in holding
that warrant for eight days?'
! I'm order to be ready or an emergen-
cy. If that Jap was free for even half
an hour in this city, he could not be
found again."
| Have you the witnesses here ready to
prosecute this man. them
! mo, | talked with Mr.. Brooks about
1t, and he agreed to let the case go di-
rectly to the grand jury. The witnesses
will be here Monday"
Didn't you know you were liable for
contempt by having an officer in Judge
Estee's court with warrant for this
mans arrest while the court was pass
ing upon the case?"
No, sir; I did not"
And that Chester Doyle could have
been punished for sitting In the court
room with that warrantT'
Chester Doyle did not nave that war
rant: it was in the hands of officer Sea. v
III I had known what l know now
there would have been some punishment
for contempt by Judge Estee," and Davis
gave Doyle another angry glance.
THAT is a matter that this court has
nothing to do with" interrupted Judge
Gear. II can't punish anyone for con
tempt In Judge Estee's court and the
proper thing to do is to take it before
him."
The court then questioned Sheriff
Brown about the information, asking Il
there was no one in the city who hat
witnessed the murder, TO sign the com
plant Mr.. Brown replied that ther,
We're no witnesses here. as all lived II
Kahuku. Judge Gear then stated tina
he had often held that complaints coulC
be signed only by a witness to the crime
If there We're any. The sheriff was ques
toned as to the intention of the govern
ment to prosecute the case, aad he re
piled that the complaint was bona fide
and they certainly did intend TO prose
cute, and lay the matter before the gran'
) jury. His statement of this fact wa
very earnest and convincing, and Attor
ney Davis finally accepted the intention
OF the Territory as being Soma fide. Mr.
, Brown stated that he could bring In
witness by this morning from Karuku
I and the court agreed to put the cas-
! over until that time. saying: 'Thi
court does not want TO release these me-
3 and turn them loose upon the communi
4 ty; but they must be legally held"
I Just as the court adjourned. MI Davi
began a wild TRADE against Doyle. VIII