The Hawaiian gazette., 1901-02-19
ITTING'S
CASE.
rLoorGArfs " oratory wore OMEN

tiuUed until late in the afternoon.
the principals beii & United States Dis
trict Attorney Baird, Attorney General
Dole for the Territory and g. G. Bit
ting. who is petitioning Judge Estee
on habeas corpus proceedings for his
release from n ten days sentence in
the oahu prison. After talking law.
authorities, technical points and ap-
pealing to the softer side of the Judge y
nature by relating the terrible punish
ment which Attorney Biting viii have
to undergo should the Judge refuse to
allow the petitioner his freedom. Judge
Estee announced that he would take the
case under advisement until Monday
next. when he would give his decision.
AS Biting is out on $3.50 bail. 1t will
be all the same to him whether the
Judge decides then or later. The court
spectators were somewhat disappont-
ed at not hearing a decision yesterday.
Although the affair under consideration
is comparatively slight one yet the
principle involved means much to the
citizers of the Territory.
Billings counsel George A. Davis.
was not present in court yesterday
morning and the petitioner appeared in
his own behalf and asked for a contin-
II his counsel did not appear in the aft
ernoon he would appoint some one to
defend the petitioner. Biting said he
would argue his own case
At o'clock Biting began his argu
ment. He threw several legal bouquets
at TIE High Sheriff. Jailer Henry and
others OF the Territory's police officials,
but despite this fact he said that even
though he had mosquito netting and
ate at the jaler's own table, yet the
stigma of disgrace in being committed
to the TerritOry's peritentiary was just
as great as though he had been COM
mitted for a graver offense. The ques
ton was the illegality of the Circuit
judges action. There should be
suita BILE place of confinement for such
prisoners as he.
II have not a word in contravention
to what the High Sheriff has said of
tie prison arrangements here" he said.
He is a gentleman, whose word is as
good al his bord because | know from
my own personal experience that he
tells the truth always. but in this case
the petitioner was sentenced to undergo
punishment in a cell at the police sta
ton. or to go out into the yard and as
sociate with DRINKS, persons infested
with vermin, aye, worse than that, af-
ficted with horrible diseases. 1t is con-
trary to the Constitution of the United
States that man should be subjected
to cruel and unjust punishment
mo man sentenced for contempt of
court such as l have been, should be
incarcerated in a cell to associate with
men infested with vermin. The High
Sheriff-no man couid have been more
gentlemanly than he to the petitioner
Is allowed to give the choice of two
evils, so that sooner than go and stay
in that sinking hole at the police sta
ton l had rather p" to the peniten
tiary. Even though your petitioner
may have had the liberty of a mosquito
netting and can eat at the same table
with the jailer, yet there is the disgrace
and the gnawing pain. There is some
thing that appeals to your honor, the
High Sheriff and any one who has re-
finement of feeling, which will not al
low you to see this disgrace commit
ted. Further. had the right to a trial
before conviction"
District Attorney Baird made an elo-
quent appeal in behalf of the petitioner
and cited many authorities in justifca-
ton of his contention that the petition
said the case appeared to him to be
one of vastly more Importance than
appeared on the face of the matter. 1t
was far-reaching because nowhere else
in the United States, in no State or
Territory, did such a state of affairs
exist as in the Territory of Hawaii
Throughout the length and breadth of
the land each state ard Territory had
it's peritentiary to confine persons who
had been sentenced to Imprisonment
for murder for life and for long terms
of years for grave offenses. and none
were sent except they be found guilty
by indictment after trial by jury and
after solemn verdict was rendered by
the courts.
There are in all these places inter
mediate places for incarcerating all
persons who are in contempt of court
He admitted the court had no right to
go behind the order of the Circuit
Judge and whatever illegalities existed
must be proven to have arisen there
after. He contended that the court
had jurisdiction and that the petition
err was being punished in cruel and
unjust manner. He said Oahu jail was
not a jail but n prison for felons and
the petitioner was subjected to cruel
punishment and should therefore be
discharged. Even though palace
were erected within the four frowning
prison walls and the petitioner incar-
Grated therein. yet the ignominy
would remain the same and there would
be stigma upon his reputation
Tongues of evil rumor would follow
him about and no amount of explana-
ton could remove the stigma.
Col. Baird wished 1t understood that
he was not insinuatlng there had been
injustice intended In this case, but
there was an unfinished condition OF
things In the Territory and he hoped
that the powers that be would rectify
the wrongs here.
Attorney General Dole contended
that Col, Baird had not cited any au-