The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-26


THE court would not yesterday con-
sent to allow an appeal, believing that
there is no law under which it can do
so, and would not hold the prisoners 1t
cannot hold the prisoners by postpon-
ing their cases, which would be in eff
feet what it refused to do yesterday
The law is obligatory upon this court to
discharge any person whom it finds to
be illegally imprisoned, and 1t will there
fore order the release of this defend
ant
APPLICATION FOR OTHER RE-
LEASES.
After the adjournment of court yes
terday afternoon Attorney Brooks ap-
peared with three more applications for
releases of prisoners now in Oahu prison.
One of these men had been sentenced
to hang but his sentence was committed
to Imprisonment for life. This man
is lhara Ichagoro who was tried be-
fore Judge Perry and found guilty by ten
jurors. He was sent to prison May %,
1899.
Osaki Mankichi and Chida Manzaboro
We're found guilty of manslaughter and
sentenced to five years in prison each
by Judge Perry. The same application
was made in their cases as in those of
the prisoners already released, and Judge
Gear signed an order commanding Sheriff
Brown to deliver the three men named
over to the custody of the Circuit Court
Saturday morning at $50 o'clock.
! NE.& POINT WILL BE RAISED.
In the application made by Attorney
| Books for the release upon writ of
| habeas corpus. of the person of Yamane
Nenchiro an entirely new point is raised.
This prisoner pleaded guilty to man
! slaughter in the second and tll.rd degrees
and was sentenced by Judge Perry to
| prison for a term of fifteen years. In
his petition for writ of habeas corpus
! TO be filed today Attorney Brooks will
set up the plea that the prisoner was
not indicted by a grand jury, nor lid
| he have fair trial; but that the court
acted as both judge and jury. He argues
| therefore that the constitution of the
| United States was directly violated in
| that it guarantees to every man a pre-
Sentation of his case to a grand jury
| This case has not been filed as yet, and
will no doubt bring forth another argu-
ment from the Attorney General, as in
the previous case he quoted decisions of
various courts in which it was held that
a presentment to the grand jury was
unnecessary. Judge Gear however did
not sustain his view of the case, and
the attorney for the criminal confidently
expects a decision in his favor, on a
ruling on the same general terms fol-
lowed in the other two cases.
THOSE IN PRISON.
! Below is given a list of the prisoners
now confined in the prison, with date of
conviction and sentences, sentenced be-
| tween the dates, August II, 1885, and
June 18th, 1900, who may be affected by
| this decision. Some of them pleaded
bully but in hardly a single instance
was there a conviction by a unanimous
verdict
Aug "a. 1898, w D. Hamilton, man
slaughter End degree, Honolulu, Stanley,
5 years.
March 8. 1899. Benz Kupihea, rape, Ka-
uai, Purvis, years.
May e. 1899 Ihara Ichigoro murder LIST
degree, Honolulu. Perry, hang, COM
| muted life.
| slaughter LIST degree, Honolulu, Perry,
| 20 years.
May 30 lsSe Chida Manzaboro, man
slaughter LIST degree. Honolulu, Perry.
/! 20 years.
May e. 1899, Yamane Nenchiro, man
slaughter End and. 3rd degrees. Honolulu,
Perry, Is years.
| August 10. 1899, Geo. Wade. murder End
degree. Honolulu, Stanley, life,
| August Is, 1899. Genji. assault with
deadly weapon, Honolulu Stanley, 500
fine and years.
| December 9. 1899, Yong Lock Nee
murder End degree, Maui, Kalua, life.
March 49, 1900. Lum Kon, larceny LIST
degree, Honolulu, Perry, Is months
May II, 1900. Kaluna, burglary 1st de-
gree, Honolulu. Stanley, is years.
May Is, 1900. VIM. Ester. manslaughter
LIST degree. Honolulu. Stanley. 20 years.
June g. 1900. Lono opio. rape, Maui.
| Kalua. years.
May s, 1900, Nalopi malicious burning,
Honolulu, Stanley, years.
June II. 1899. All Quong, rape, Hawaii,
! Wilder. life.
January II. 1899 Wong Cheung Hung,
manslaughter End degree, Hawaii, Will
der, 10 years.
| April s. 1899, Huekoni alias Kaie, bur
glary End degree Hawaii. Wilder years.
! October 6, 1890 Hanale Napuupahee,
murder 2nd degree. Hawaii, Wilder, 20
years.
October is, 1898, Lo On Pau. burglary
End degree, Hawaii, Stanley, II years.
April 5, 1899 Hamada, burglary 1st de-
gree, Hawaii Wilder. 8 years.
July IS, 1899 Makihara Katsataro,
manslaughter End degree. Hawaii, Will
der Z years
! October IS, 1885. Lee Lang, larceny list
desIeet faWalf, Stanley, years.
March 5, 1860. Chow Yuen Toon alias
| Papaaloa, assault with deadly weapon,
| Hawaii, Parsons, . years.
October is, 1898, Anne Sang, larceny 1st
degree, Hawaii, Stanley, 4 years.
COURT NOTES.
| David Dayton has been appointed
guardian of Adeline. Harry, Catherine.
Martha and John Kahookano, minors.
/ j. Alfred Magoon, administrator of the
estate of Alma, has appealed from the
decision OF Judge Gear allowing an. at
torney's fee of $40.
}. a Thompson, guardian of Jas B.
Roberts, has filed an inventory of the
real estate in his possession, the property
of his ward
An application for the appointment of
Mary K. Kahalepuna as guardian for
Keala Halai and Robert Kalu Halai was
filed yesterday.
discontinuance has been filed In the
case of Mary n. Atcherley and others
VS.. Kapiolani Estate, Ltd.
The Kapiolani Estate case was on
trial nearly all day before Judge Gear.
The attorneys concluded their arguments
as to evidence before noon and the de-
PENDANT Immediately began the introduce