The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-14

| the warrant, nor was it with the bona
fide intention to prosecute on such war
rant. The further contention was made
in the petition that the warrant was is
sued for the sole purpose of multiplying
the discharge of the United States Court,
that no crime was charged in the war
rant, and that the police magistrate
was exceeding his Jurisdiction. The war
rant charged Osaki with being accessory
to the murder of Ye Fook Sing, while
the information alleged that he was the
principal.
This man was only discharged yester-
day morning, and before he left the
building he was rearrested, and there
was no notice of such intention given to
his attorney said Mr.. Davis. Here
We are denied admission to the prisoner,
until we get an order from the Court,
and now, now (more impressively), this
man is brought face to face with his jail
or in this court
In view of the decisions of the APP
pointee of the President of this Union,
and the fact that the warrant is defec-
tive, and the Jurisdiction of the police
court excessive, I feel that this man
should be discharged forthwith. If this
is not done l am here in the solemn dis-
charge of my duty, in the interest of my
client, and / am bound to do this. I will
show that there is an attempt TO nullify
the acts of the highest courts in the Ter
ritory, by the Attorney Generals depart
ment. If they had intended to prosecute
on that information they wouldn't have
waited for over year to do it. The
judiciary and its orders mist he obeyed
in this Territory. It IS higher tLan the
High Sheriff and the Attorney Generals
department, and its orders must and
shall be respected This man should be
discharged now
Mr.. Douthitt asked for time to make
return. stating that he had lust been
served with the writ. and could not be
expected to make out a return upon a
moments notice. Mr.. Davis replied that
If a short delay was absolutely necessary
he would consent, though he had remain
ell awake nights to prepare the case He
did not believe the prosecution was In
good faith, and further contended that
q complaint sworn to only apon infor-
nation and belief was not good The
court sustained this view, and said he
mad 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 witness of the crime charged
in the information signed by him. Mr..
AsiONH dHilltcQ tildt lie ndQ not seen
the murder committed, but had obtained
his information from witnesses who tes-
tilted at the trial. II 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
plant
When that man got twenty years. I
thought 1t was enough We were, pros
ecuting. 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 4th Of September, while this man was
in your custody upon a writ issued by
Judge Estee Why was that?
Il believe that was the day the writ
was made returnable, and l wanted to be
prepared in case he was released
Why didn't you arrest him right