The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-07

court. and this court, having sworn to
support the Constitution of the United
States, could not but discharge them.
A number were discharged and subse-
quently rearrested.
There seems to be no reason why they
should not be re-arrested and tried in
legal way.
In the opinion of the court all those
who are confined under illegal convic-
tons should have been discharged,
though they made no application to the
court. This is a matter which you gen.
tlemen, can investigate If it appears to
you that there are prisoners Illegally held
in Jail you can recommend such steps as
you may deem proper, under the advice
of the Attorney General
1T has become necessary that these
men who have been released shall be
given trials. Acting upon evidence which
is believed. to be sufficient to convict, the
Attorney General has had them rear
rested. They are entitled now, as they
were before, to Indictment by a Grand
Jury before they are placed on trial, ac-
eording to the express provision of the
Constitution of the United States
THAT is the reason you are called at
this time The court has many civil cases
on its calendar, which it is trying to dis
pose of as fast as it can, and if it had
not been for these habeas corpus matters
there would have been no Grand Jury
this term
The jury held sessions in the court re-
porter's room. In the afternoon they
were called into court@by Judge Gear,
who placed before them brief notifica-
ton from Attorney General Dole of the
fact that the Supreme Court would hold
special session Monday for the consid-
Grafton of the appeal in the habeas cor
pus cases He told them they We're now
at liberty to do as they pleased about
the habeas corpus cases. and could have
Mr.. Dole brought before them if they
chose He said the attitude of the At
torney General was Inconsistent, in that
he had appealed the e case and then
had the men arrest for the same
crime. He handed II Communication to
the foreman of the with the state
ment that they shou act as they saw
fit in the matter, TN jury continued in
session all afternoon,l and evidently in
tend to take up the habeas corpus cases,
in spite of the evident reluctance of
Judge Gear to have them do so.
THE HAIL CASE.
Evidence waJ taken all day in the case
of Hall VS. Nam, for cancellation of
lease. The pl3 ntif was on the stand the
greater part 3the morning, and his evil
dence led TN curt to remark that he
was in need ~. guardian as a spend
thrift. In TIN afternoon Mrs. Hall, wife
of plaintiff, to. flied to the Influence
held by defendant over the boy because
of money loasTd 20 him. w. O. Smith
and w. e. Fisher told of the value of
the land in question. Attorney Akin
son. who appeared for defendant, was on
the stand III the afternoon and related
various dealings he had had with Hail
concerning theT lease of the land, and
also of one .tiEgNiu his Office in which
he had paid boy money for three
months lease" accepting a receipt for
the same. This was held to be an ac-
acknowledgement Of the lease received after
the case had been filed. and the court
stated that it WAS surprised that witness
would do such thing. Mr. Atkinson
stated that he had warned the boy and
told HIM that he was liable to jeopardize
his case by accepting rent. but Hall in
sisted and he gave him the money from
Ynam. 1t was afterwards shown that
the transaction in question had no bear
ing on The case at issue, and the receipt
was not allowed in evidence. The defen-
dant was placed on the stand in his own
ne had never lent money to plaintiff I'M
less at mis- request. Letters written by
plaintiff and his wife were introduced.
asking defendant for money and explain
ing that it was needed for household exs-
penses Witness denied that he knew
the money to have been spent for liquor
OF gambling. Re was OF the stand until
nearly o'clock, a which time court
I'D journed.
The trial Jury is calico for this morn
ing.
The Han case will Is continued this
afternoon, 1T 3 o'clock, and the argu-
rnents will probably be heard this even
ing.
STRAUSS DIVORCE CASE
An order granting the divorce was Is
sued in the case of Evsngeline Strauss
VS. Leon NJ Strauss, which the court
heard at noon, there being no defense.
Some joker served fake summonses on
half dozen business men as witnesses,
and they appeared in court when the di-
Vorce case was called, not. at all relish
ing the notomety they We're about to re-
ceiye. When tod it was a. put up job
they We're satisfied to leave the court
room without attempting to learn the
identity of tae man who had perpetrated
the hoax. An attorneys fee of 500 was
granted to r, NJ. Brooks for his service
IN tie case.
Plaintiff is allowed to resume her
maiden name, EvangeIine Willard.
COURT NOTES
a discontinuance has been filed in the
divorce case of Keauuni Kaukaha VS..
An order of discontinuance has also
been entered In the ejectment proceeding
If Mahoahoa VS. Tai Bun.
Letters of administration were issued
to Lyle A Dickey in the matter of the
estate of Lila Haaheo Kaniu Waipa.