The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-08-20
GEARS WORD
IS Law
Opens PrisOnD
tOSeIf.C0nfessed
Murderer.
From Saturdays dsilyD

fessed murderer walked out of the
court house a free man-into the hands
of an officer, who again made him a
prisoner.
The order was made on the appica-
ton of Attorney Brooks upon a writ "
habeas corpus, in which he alleged that
the defendant was Illegally restrained
of his liberty because he had never been
indicted by grand jury. The court
without hearing arguments as to the
legality of such proceeding, ordered
the release of. a man, who by his own
admission is guilty OF the crime of
murder. Chida was one of the Japs ar
rested for the killing of Yee Fook Sing
during the Kahuku riots Of March ~,
1899. and when he was brought before
Judge Perry he entered plea of guilty
in the hope of receiving light SEN
tence. HeFwas sentenced to Oahu
prison for term of twenty years, and
has served over two years.
When the application for the release
OF the Jap was presented to Judge Gear
Yesterday morning Attorney General
Dole appeared and asked a postpone
nent of the hearing on the ground that
similar cases were before the Supreme
Court
Il understand there is a doubt of what
is before the Supreme Court. and 1t Is
only a question of whether the appeal Is
to be allowed" replied the court III
the supreme Court Is 10 iesis'a'e vi ~
gressional matters, presume YOU nav
the same remedy IN TINS case. me uu''
of this court Is to grant writs of habeas
corpus when proper cause Is shown, and
unless the Legislature takes away that
power or the Supreme Court legislates
In the matter TINS court VIII act unuer
the powers given IL IL seems there nav
ing been no Indictment %! uraIo Jury,
uh's man -, 10 'a al, 49, lao, IN ,h,s
matter in tho Territory the decision of
this court and I am bound to follow that
decision until IL is oyerruled. | see no
reason for withholding a decision in this
case Tho writ is asked for on the
ground that this man was not convicted
accondinp to law In the wisdom of the
United states Congress. all municipal
laws of the TERRITORY not in conflict with
tho CONSERVATION we're to remain in force
here There is only on. thing this court
can do and until a higher court tells IL
what to do. It will act as 1t sees fit. I'M
der the decision of the supreme Court of
the limited states this man had a right
70 trial nv a Jury of twelve men. after
indic,m e,t by a Grand Jury. and any
thing in vtoIation OF that right was con-
trary to the Constitution. whether the
Constitution was here or not. The de-
PENDANT is entitled to his discharge on the
ground that his trial was not based on
Grand Jury Indictment"
Tha cour, nrd.r.d III. aischarp. ~ the
Jap, through the interpreter. and the
erstwhile prisoner struttcd out OF the
court room without even looking oack,
He maintained his dignity and his free
dom only until Ii. reached the outer door
OF the court house. where Detective
Kappa was waiting for him with war
Is JUSTICE PERRY DISQUALIFIED?
rh. r,gh, of Associ,,s Ius,ic. Parry IN
ao, T., ~ hahaas cn,nuS cas.s was at.
t,oLn, h,. .t,orn.,s nn,,,s a,,a Rroo,,,
,astaraon -, ~ yrorna =, ra ~
tba indss wbn original,v hoard The
na,s - ,h. ,r;sonar. ,,a ,a,,,.naa,
them to nrison Messrs Brooks and
Davis axnsct ~ their contention &c
,.",a 80. ,t,s,