The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-07-27
All OIL AND HAMILTON WE'RE RE.
ARRESTED.
VIII Have to Answer Same Charges
on Which They Were Convicted and
Later Released.

Acting under orders from the Attor-
ney General High Sheriff Brown caus-
ed the arrest of w. ID. Hamilton and All
OF this morning on warrants charging
them with murder in the second degree
and burglary. respectively
These are two of the convicted men
who were released from prison under
Judge Gears recent decision regarding
the conviction of men during the pc
Rod between July T. 1898, and June a.
1900.
Both of the prisoners were arraigned
before Judge Wilcox the charge against
Hamilton reading that he was "Charg-
ed with having at Honolulu, Island of
Oahu, June s. A. D. 1898, without ma
lice aforethought and without author
ity justification, or extenuation by
law. kill one a. Davis, and did then
and thereby commit the crime of muir
der in the second degree"
In the other case All OF was Charged
with having at Honolulu, Island of
Oahu, May 27, 1899, in the night time
unlawfully, feloniously and buTglari
ously break and enter with intent to
commit a felony therein the dwelling
house of one H. V. Murray, and II. V.
Murray bein~ at said time within said
house and did then and there and
thereby commit the crime of burglary
in the first Decree"
Both of these offences are the same
on which the defendants were original
ly tried and found guilty and for
which they were serving sentences of
Imprisonment at the time of their re-
lease on writs of habeas corpus this
week.
At the request of Deputy High Sher-
if Chilingworth the cases were con-
tinued until August l. The court told
the defendants that this would give
them sufficient time in which to COM
municate with their friends and secure
legal advice. Bail was not fixed as
there was no request made bv either
of the defendants for it and both were
locked up in the police station.
The arrests We're both made at an
early hour this morning and both men
were arrested on warrants. The at
torney general takes the position that
while both men were convicted by a
jury under Hawaiian laws such con-
victiOn was illegal. Inasmuch as they
were never legally convicted or tried
they were therefore not in jeopardy
so it is proposed to try both cases
again. While the prosecution was
ready with its evidence the continu
ance was asked in order to allow the
matter to be taken before the grand
jury. This body will meet next week
and it is the desire of the High Sheriff
to lay the evidence in the two cases
before the jury and have that body
find an indictment against the accused
men. The trouble of giving them a
preliminary examination in the police
court can thus be escaped.
! 1t is said by the police that there will
not be the least difficulty in making out
the cases against the men. In the case
! against Hamilton. Deputy High Sheriff
| Chillingworth Captain Parker and DR..
Emerson will testify and the ante-mor-
tum statement of Davis wiA also be
brought before the jury, while with the
Chinese for burglary, Mr.. Murray, Mr..
| Chillingworth and the boy who helped
about Murray's place are all here ready
TO testify.
! In taking the special precaution of
having the men indicted without de-
| lay by the grand jury the attorney
| general evidently intends to run no
chances of allowing his men To escane
| through that loonhole and he is deter
mined to have the indictments found
at the earliest possible time.
! Their arrests were quite a surprise
TO the men -" they seemed to have
thought that they We're permanently
out of their trouble.