The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-09-14
OSAKTS LATEST WRIT.
GEAR MAKES IT RETURNABLE
FORTHWITH.
A New Warrant Ready for the Prisoner
Before the Case Comes up For
Argument.

Osaki Mankichis new application for
a writ of habeas corpus was presented
to Judge Gear yesterday afternoon and
made returnabe forthwith. High
Sheriff Brown brought the prisoner in
to court, but not without having a new
warrant ready, and if Judge Gear had
discharged the prisoner on the spot,
Osaki would have been arrested again
at once.
The new application, prepared by At
torney Davis, was based largely upon
claim that the warrant was not issued
in good faith, with the intention of
proceeding under it, but merely as a
means of defeating the habeas corpus
order 1t contains the following points:
The petition of Osaki Mankichi,
prisoner imprisoned, restrained and de-
tanned by Arthur NJ. Brown. High
Sheriff of the Territory of Hawaii. I'M
der warrant supporting to charge the
petitioner with an infamous crime, to
wit: Murder.
l. Osak ManlSichi a Japanese by
BIRTH alleges and says that-on Thurs
day the 18th day of September instant l
was discharged from custody under a
Writ of Habeas Corpus by a judgment
and order of the District Court of the
United states for the Territory of Ha-
wall, the Honorable Morris NJ. Estee
presiding in said Court, having been
held under a Mittimus of the Circuit
Court of the First Judicial Circuit of
the Hawaiian Islands, the said District
Court held that the conviction and SEN
tence was absolutely null and void;
2. That Immediately l left the Court
House on the said 18th day of Septem-
ber A. D. 1901, | was again arrested on
a Warrant issued by the District Ma
gistrate of Honolulu and am now in
custody and imprisoned, detained and
restrained of my liberty, and IN the
custody of Arthur NJ. Brown, High
Sheriff of this Territory, under and by
virtue of said Warrant;
3. That l have reason to believe and
so believe that the Warrant was issued
and l was arrested hereunder for the
purpose of again imprisoning me and
without bona tide intention to prose-
cute and bring me to trial for the crime
purporting to be charged in said War
rant;
4. That l am now unlawfully i'm
prisOned, detained, restrained and held
| in custody in Oahu Convict Prison I'M
der said Warrant a copy of which is
attached hereto and made a part here
of being in the custody of the said
Arthur NJ, Brown, the High Sheriff of
said Territory;
| 3. That no crime is charged in the
said information and Warrant, and the
| District Magistrate exceeded his juris-
diction in issuing said Warrant;
6. That the Attorney General of this
| Territory or his deputies and the said
High Sheriff had said Warrant issued
on the 4th of September, A. d. 1901
while the hearing on Habeas Corpus
was pending and undecided III the Dis
trict Court of the United Stales in and
for this Territory of Hawaii which fact
indicates that said Warra..t was issued
and said arrest made 30 practically
nullify the judgment and order of the
United States District Court should |
be discharged from custody;
l. That l am entirely innocent of the
crime purported to be charged in said
complaint and Warrant;
| s. That it appears in and by said
Warrant that the crime it purports to
charge was committed on March 10Th,
1900, and no proceedings were instituted
or steps taken against me in relation
thereto until the said fourth day of
September. A. d. 1901.
Your Petitioner Therefore Prays,
That Writ of Habeas Corpus be is
sued out of this Court commanding and
requiring the said Hieh Sheriff to pro-
duce into this Court my body forthwith
and that the legality of my arrest and
imprisonment '~Iy be enquired into and
determined and that l may be dis
charged from such arrest and imprison-
ment and for such other and further
relief as under the Constitution of the
United States and the law of the land
l may be entitled to.
The copy of the complaint is as fol-
lows:
A. NJ. Brown, High Sheriff, being first
duly sworn says: That Osaki Manki-
chi, japanese, did at Kahuku, Island of
Oahu, on Marcn &C. A. d. 1899. being
present, aid, incite, countenance and
encourage, other persons, 10 wit: Ihara
and Chida Manzabaro in the commits
sion of an offense, to wit: The murder
of one zee Fook Sing, by said lhara
and Chida Manzabaro with deliberate,
premeditated malice aforethOught, and
without authority, justification or eX-
tenuation by law, and did by so aiding
and melting, and ecOuragins become
principal to the murder of said zee
Fook Sing.
Subscribed and sworn to before me
| this 4th day of September. A. ID. l9Ol'
(Sig) A. NJ. BROWN,
High Sheriff.
I (Sig) w. l.. WILCOX,
District Magistrate of Honolulu,
Island of Oahu
Gear heard argument by Davis anc
| Douthitt the latter for the Territory
and the matter went over until this