The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-08-27
BACK At THEIR OLD JOBS.
FOUR HABEAs CORPUS PRISON
ERs IN OAHU JAIL.
Nolle Prosequi Entered in the District
Court as to the New Warrants-Old
Mitimusses in Force Again.

All OF, Osaki Mankichi, Yamane Ne
nechiro, and Ihara Ichigoro, are all
back today at their old jobs working for
the government in stripeu clothing
Chida Manzabaro, All Quong and
George Wade are back in Oahu prison
waiting for the decision on the appeal
from Judge Gears order dlscharging
them on habeas corpus. The whole
seven are free from any restraint by
reason of the new warrants sworn out
by High Sheriff Brown Immediately fol-
lowing their re-arrest after relief on
habeaS corpus.
These are seven men who have been
released on habeas corpus by Judge
Gear on the ground that they were not
indicted by grand jury or that they
Swere not convicted by luminous ver-
Tict.
Their cases were all on the calendar
in the district court this morning.
Chida Manzabaro, one of the Kahuku
rioters who is serving a term for man
slaughter in the first degree, was the
first name on the calendar. When 1T
was called High Sheriff Brown stated
that a nolle prosequi would be entered
as to the charge against him in that
court and that he would be remanded
on the original mitmus. Attorney +.
M. Brooks, Chida's attorney said that Of
course he could not object t. the entry
of a nolle prosequi, but he would like
to ask if the prisoner was discharged
from custody.
Judge Wilcox apparently scented an
argument and legal controversy, for
which he had no hankering.
''This case is pau so far as this court
is concerned" he said. "The prisoner
can go free or go to heaven as far as
the process of this court has any rela-
tion to it, Tell the prisoner he can get
out of the dock, Mr. Interpreter" con-
tinued the judge, waving his hands as
though he was "shooing" a hen out of
a yard
He is held on the original mitimus," :"
repeated the High Sheriff replying to
Brooks question.
All Quong who was serving a term
for rapeing a six year old girl in Hilo
when Judge Gear released him, next
came before the bar of the court. The
charge against him was summarily
nolle pressed, and he was remanded on
the original mittimus
George Wade, who killed William Gill
. lespie next came forward. L. A. An
drews appeared for him and insisted
that he was entitled to his liberty if
the case was nolle pressed, inasmuch
as he had been release by Judge Gear
on an order that was still unreversed.
Hes discharged from~ this court
said Judge Wilcox, again "shooing" the
matter out of the way. You settle
WIN tne HlBn SnerlI the question or
what the sheriff does with him."
High Sheriff Brown assured Mr. An
drews that whatever views Mr.. An
drews might entertain as to his client s
legal status, George Wade was in the
CUSTODY of the high sheriff and would
soon be in Jail.
In these three casese the appeal to
the Supreme Court from the habeas
corpus order of Judge Gear has not
been heard, though appeals are pending
The position taken by the high sheriff
is that the appeals act as a stay of ex-
-ecution of the order appealed from. In
addition there is a writ out from Judge
Estee's court directing the high sheriff
to produce Chida before that court
September 8.
These three accordingly are being
held but not put at hard labor I'LL their
pending cases are disposed of.
The other four are the four whose
cases were decided by the Supreme
Court yesterday. They were taken
back to Oahu prison in the patrol wa
gon as soon as their cases before Judge
Wilcox were nolle pressed. They were
put to work at once serving out their
old sentences.