The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-26
FOUR To
Be FREED
A Serious Result
Attends Gears
Decision.
MOVE TO RELEASE
lHARA lCHAGORO
Was Sentenced to Be Hanged.
Lack of the Grand
Jury.

HIcleu Dy majority verdict, are Hollow
ing with alarming rapidly
! Hardly had the clerks doors opened
yesterday morning before the appear
ance of Attorney General Dole with an
application to the Supreme Court for a
mandamus to compel Judge Gear to
allow an appeal in the cases above
cited
| At noon followed another startling
| move, when George DAVIS appeared
with an application for the release OF
| W. D. Hamilton, serving a term of
| five years for manslaughter. The writ
asked was issued on the same ground
as before, but not until there had been
q lively tilt between the court and the
Attorney General
! In the evening followed another move
which indicated the correctness of the
statement that a general jail delivery
| is to follow. Attorney Brooks appear
| ed with applications for Writs of habeas
corpus in the cases of three more Grim
| inals-Ihara Ichagoro. sentenced to be
hanged and then committed to life inn
prisonment; Osaki Mankichi and Chida
| Marzoboro, sentenced to twenty years
each for manslaughter. These cases
are set for Saturday morning and
without doubt the court will grant the
applications for release.
This morning Attorney Brooks will
make application for a writ for the re-
who pleaded guilty to the charge of
,e-Io ,rrI,f ic inc
fifteen years term. A new point is
raised in this case, namely that the
prisoner was not properly indicted be-
fore grand jury, proceeding which
the court has virtually held is also in
conflict with the Constitution of the
United States
APPLICATION FOR MANDAMUS.
Attorney General Dole filed his appli-
cation for writ of nlandamus with the
Supreme Court early yesterday morn
| ing. This petition. after reciting the
action of Judge Gear in refusing to al
low an appeal or accept a bond for the
two prisoners released, says:
THAT the Attorney General, repre-
senting the Territory Of Hawaii, be-
llieves that said Goto Hayzo was dis
charged by the Second Judge of the
First Circuit Court aforesaid in conse-
auence of a misapprehensfon on the
| part of said Judge in regard to the ap-
plication of the insular decisions, sc
| called, recently rendered by the SUI
preme Court of the United States to
the Fifth and Sixth Amendments to the
Constitution of the United States; and
| that said Goto Hayzo is not lawfully
entitled to his liberty.
Wherefore, the Territory of Hawaii
| by E. P. Dole, it's Attorney General
prays that a writ of mandamus issue
| from this Honorable Court command
| ing and directing the Honorable George
D. Gear, Second Judge of the said
First Circuit Court, his successor OF
successors in office, TO allow the said
appeal of the Territory of Hawaii to
| the Supreme Court of said Territory
according to law: and that in the
meantime and pending the final deci-
sion of said appeal warrant of arrest
tissue for the detention of said Cote
Hayzo and for such other and further
relief as Justice in the premises may
require.
| The Supreme Court has so far taken
| no action upon the appeal and applica
ton for a writ of mandamus. Judge
Gear believes. however, that the court
will take no action In the matter, stat
ing yesterday that no court had a right
| to order another to permit an appeal in
an application for writ of habeas cor
pus.
| THE CASE OF HAMILTON.
| At noon Judge Gear heard the appli.
cation of George Davis for the release
| n ri oF hoh
corpus citing the same grounds as Sc
cured the release of Goto and All Oh
Attorney General Dole, appearing foi
the Government, protested very en-
| phat against the issuance of the
writ as prayed for, arguing that il
would simply mean general Jail de-
livery He said that II these men were
released it would pave the way fol
| cleaning the prison of murderers, rap
lists and other bad criminals and turn.
ling them loose on a helpless commune
| ty. He further called the attention OF
the court to the tremendous responsible
lity he was assuming in permitting this
general Jail delivery, and insisted thai
he had right of appeal TO the Su
lpreme Court of Hawaii.
| Judge Gear in reply to this conten
| ton SdlQ NE va Ny Lie ~
preme Court of Hawaii only when it:
opinions did not conflict with those o.
the Supreme Court of the United
states. He held that Hamilton wa
mot found guilty by twelve jurors a.
was his right under the Constitution
and consequently he had no other op
ton than to order the release of thu
prisoner Hamilton who has been {
trustv. and has been driving the patro
! wagon. was called forward, and tolt
that he was no longer prisoner, thu
court telling him he was sorry he coult
not give back the years he had already
spent in prison. In concluding his opfn
ion Judge Gear said:
This court is, as 1t has stated mos
emphatically, of the opinion that al
Legislation of the Hawaiian Islands con
ltrary to the Constitution of the United