The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-02-15
BITING IS
OUT.
Lawyer Released
On Bail By
Estee.
PROCEEDINGS ON
HABEAS CORPUS
Grand Jury Returns Five lndict.
ments Which are Kept
Secret.

HARLES CARROLL BITING,
lIA the attorney committed to Oahu
l1 prison for ten days for contempt
of court in the First Circuit
Court. was released yesterday after
noon on habeas corpus proceedings up
on filing bond in the sum of $3.50
The hearing of the application of the
attorney was brought before United
States District Judge Estee at 10
\ o'clock, at which were present Billings
/ counsel Attorney General Dole, Y. >.
\ Attorney Baird and members of the
3 bar At the conclusion of the hearing
Judge Estee ordered Biting released
] on bonds.
For several hours Biting, accompan-
4 led by Chester Doyle, who had been
detailed to guard the attorney, made
! the rounds of his friends and finally
secured two bondsmen. Then came
long waits at the United States clerks
I office to have Judge Estee approve the
bond That official declined to approve
& of any bond, saying it was not within
his province to do so, but rested with
q the attorneys. Shortly after o'clock
an arrangement was made whereby
y Biting was allowed his freedom, to ap-
u pear again in court at 10 o'clock this
= morning
Yesterdays proceedings We're COM
\ menced with the reading of the petition
4 for habeas corpus, followed by the
a reading of High Sheriff Browns an
4 swer which states that he is response
3 BILE for the proper care and custody OF
= Territorial prisoners throughout the
. Territory of Hawaii and for the Gus
q Etody of all persons held for trial before
- .oi1
On. February 1S, 1901. at 11:3o O'Clock
q he received a mittimus from the First
y Circuit Court directing him to impris-
on c. c. Biting for the term of ter
= days, and that in compliance with the
= order Biting was conducted to the
a Oahu Jail or prison.
= Said Biting, he continues while con
fined in Oahu Jail, is not conhned IL
Oahu Convict Prison
He said that three separate and dis
tinct portions of Oahu jail are set apar
for persons convicted of and servins
sentences for felonies: another portion
for the confinement of persons servlns
sentences upon conviction of mlsde
demeanor or held for non repayment
fines. and third portion for the con
finement, without labor. of persons hell
for trial and detained by order
Biting at the time the answer wa
~ filed. was held in confinement in tn
last mentioned portion of Oahu jail o
prison. separate and distinct from an.
of the prisoners convicted either of fel
onv or rnisdemeanor. The facilities TO
caring for Attorney Biting in a suit
able manner were much better in tn
prison than at the police station or a
tany other place within the offic1a
Icharee of the respondent, and comfort
and privileges were provided for hir
such as he could not be provided wit
at any other place of detention.
Judge Estee declared that he was nc
sitting to consider any but constitu
tional phases of the matter and tina
facts as to the conduct of the prlso
or concerning the order of the Clrcul
m Judge would not be heard. Blttlls
~ counsel desired to know whether thei
MI was any law providing for the segrega
ton of prisoners and asked the Attof
nv new General to admit that there was n
law to that effect Mr.. Dole respond
ed that the answer of the High Sheri
covered the question and he did nc
n feel called upon to admit anything.
III The High Sheriff was placed upon tn
II stand and quizzed as to what disposi
l ton had been made of Biting and tina
W. officer replied in accordance with tH
written answer fled. His room cor
tanned mosquito netting and unos
ar the circumstances he thought he wa
. very comfortable
Fittings counsel showed he was ne
ready with the case, and after pen
called upon to present his authorltie
was compelled to ask for continuah'
tof the case until this morning. Juus
F,stee limited several times that he We
AN in doubt as to whether his court nd
III jurisdiction in the matter.
hi seThis court does. not believe in pu
ting men guilty of minor offenses q
gether with convicts-even under u
same building. 1t don't seem right;
is un- American. but this court IS NJ
a Legislature"
A MYSTERIOUS DOCUMENT.
dramatic scene was enacted IN u
Circuit Court room yesterday afterno'
when the Grand Jury brought in flve e..
ldictments and presented them to the u
cult Judge. A mild sensation was sprui
e. on the occupants of the room, when u
Judge began sorting them out. He ne
them in his hands, looking them oV
slowly and carefully. One of them eau
ed his eyebrows to mount ppWaros a.
he studied the document for momei
Ais. THE indictment which I hold IN
hand" said he, sis of a case which
- will not hear unless it becomes extreni
ly pressing and absolutely imperau
that 1 do So"
ger The manner of the Judge and t
stress which he laid on that one doc
ment caused the query to float abo
the Judiciary building, els Gill indie
ed?" There were indications that t
document referred to him The Jud
lordered that the clerk keep Gle
u watch upon the indictments and not pt
~ init them to be accessible to the publ
The Judge was asked afterwards W
the documents were not accessible, a
he stated that IL ths names were
yulged the persons named in the indi
ments might have opportunity TIC 6
away from the courts Jurisdiction.
BIG DAMAGE SUIT FILED.
- A damage suit for $4,000 was broue