The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-04
NEW TERM
WILL OPEN
Middle
Comes Up
Again.

The transition perlOd muddie from
the present outlook will keep both Cir
cult Courts busy during the November
term which begins this morning. The
principal part of the criminal business
of the term will be the trial of these
prisoners convicted at that time and
indicted by the last grand jury.
The Supreme Court of Hawaii has
| held that the former conviction Of these
men was valid Judge Estee has held
that it was invalid, illegal and void.
Judge Gear has announced his intention
of following the later ruling of the
Federal court, and the attorneys see
breakers ahead, whichever decision nc
follows.
Pleas in abatement have already been
filed in a number of cases and an at
tempt made to secure the release OF
these prisoners by habeas corpus on
the ground that have already been
placed in jeopardy. Under Judge
Estee's ruling their convictions were
illegal. and it is generally understood
that his ruling was in effect that as
there had been no conviction. the men
could be tried again on the same charge
if reindicted. If this ruling is followed
out by the circuit judges, they can
hardly release man on habeas corpus, |
if he has never been in jeopardy before, |
providing that contention is made. |
Then If the appeal is taken TO the
Supreme Court OF Hawaii on such deci- |
sion. which under the ruling of the |
supreme Court is unsound, that body |
can do nothing but Overrule the circuit
court. as il has held that the men have
not only been placed in jeopardy but
have been convicted rightfully and
legally. II is hardly TO be expected,
however. that the Supreme Court would
order the release of the prisoners on
appeal as it has already held the con-
yiction 10 be legal. But on the other
hand if the higher court held the sec
md Indictment to be invalid, because
# previous jeopardy. there would be
nothing for the circuit court but to dis
Miss the indictment, leaving the pris-
)ners held without legal right at all,
according to the circuit and United
states court. On the other hand an APP
zeal to Judge Estee would hardly be
Effective, as he would not be likely to
loId that these men had been once in
jeopardy, when he had already held
hat the first conviction was illegal.
Altogether the court muddle is a very
one, and the only way
which it can be settled is by the APP
zeal of the Attorney General to the
Circuit Court of Appeals or the Su-
IRENE Court of the United States, from
he decision of Judge Estee. The pa
ers for the appeal are now being per-
ected, and the veXed question is likely
o be settled as soon as it can properly !
70 presented at Washington. |,
NEW APPOINTMENTS {
Judge Humphreys Saturday appoint
d Miss Clara Decew to succeed d. H. I
'ase as court stenographer. The ap- 7
ointment was approved by Judge Gal y
raith as associate justice. IL
John Bush was appointed Hawaiian t
lterpreter to succeed Chas. Stillmann, 6
'ho rendered his resignation at the re-
uest OF the First Circuit Judge. Bush d
as first appointed a year ago and re- :,
igned to act as interpreter for the .
.gisature. under a promise that he
1ould have his old position back at the il
xpirat ton of the session. In the mean t
me Ely Crawford was acting in his Il
lace. when Judge Gear appointed Mr.. f
tillman, the appointment being made W
pom the recommendation of the Re p
ublican Central Committee. at the {
anne time as Emil Ney was given a
erth as bailiff. The First Circuit Judge "
led a stenographic report of the hear r
* held in his chambers with the in Ct
,rpreter Saturday in which he made is
-atement of the case after which the Il
Iterpreter said that he would resign.
THE NEW CALENDAR. q
Thirty-six jurors have been sum- la
loned TO appear this morning in the el
irst Circuit Court to serve during the Il
oYember term. The calendar is not
early as large as that of last term. o.
espite the fact that there are fifty .
ore criminal cases than usual due TO y,
lie transition period indictments. n,
The total number of cases on the e.
ocket for the August term was 296. te
lille this term there are but 265 cases. OF
here are ninety criminal cases while ct
st term there were but forty-three
->%S m