The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-14

or the orders OF this Court and the
United States District Court. This
idea Of having officers lurking around
the Courts with warrants when writs
o fhabeas corpus have been issued
viii have TO stop IL had known yes.
terday that the officers we're doing so
would have brought the matter to
the attention of Judge Estee and they
would have been committed for con
tempt
| 1T, why it is that the attorney for
the prisoner is so anxious to have
the writ made returnable forthwith
II man has been in Jail two years
for crime do not think that a cou-
pie more days in prison viii affect
him very much one way or the other =
That is an argument which has
been made right along by the Attor-
ney Generals Department" said
Judge Gear. II is no argument at
all and wiz certainly receive no con-
sideration by this Court II a man
has been committed to Jail illegally,
it makes no difference If he has been
in prison for twenty years, upon the
proper application he shall be set at
liberty. IL you want to arrest him
again you can do so and try and con-
yict him according to law. am sur
prised that you should advance any
such absurd argument"
Here Davis once more got TO his
feet to speak. Judge Gear ordered
him to be seated. saying: There is
nothing before the Court, however,
proceed with the case of the Terri
tory VS.. Nakamura."
There soon will be something be-
fore the Court muttered Davis in his
moustache, at the same time grabbing
ink and paper and getting to work on
the application for a writ of habeas
corpus.
Sufficient unto the day is the evil
thereof" said Douthitt who was prose,
cutting the Nakamura case.
THE evil is coming quick enough TO
suit everybody replied Davis and
pen and ink while the Nakamura case
was proceeded with.
Later in the afternoon, when Davis
had the application all ready, he pre-
scented it to Judge Gear to sign. The
Judge made the writ returnabie forth
with. after considerable argument on
the part of Douthitt on the one side
and Davis on the other, Douthitt still
contending that he should be allowed
time in which to prepare in this case
Shortly afterwards the body of Osa
XII Mankichi was brought before the
Court. High Sheriff Brown appeared
and Chester Doyle was also on hand,
waiting around the door. 1t was said
that he carried it his pocket war
rant for the rearrest of Osaki Man
kichi on still another charge in con-
necticn with the Kahuku riot affair
and that he was waiting to lay hands
on the prisoner Immediately on his
leaving the building in the event OF
Judge Gear allowing the writ to issue
then and there.
Davis read the writ through from
beginning to end also reading the
complaint and the warrant and draw
ing the attention of the Court to the
fact that the charge in the complaint
differed materially from the charge
as made in the warrant The charge
in the complaint treated Osaki as
principal while the charge in the war
rant referred to the prisoner as an ac-
cessory. nor even stating whether
the man was an accessory before or
after the fact.
Douthitt held that it made no diner
ence whatever and that the charge In
the complaint and the charge in the
warrant. according to the wording OF
the charges, were practically the
same.
The Court then allowed the attor-
ney for the prisoner to examine into
the cause of the prisoners arrest on
the new warrant. since he had been
released by Judge Estee.
High Sheriff Brown was called 10
the stand and was questioned oy
Davis.
Brown testified that he had prepar-
ed the new warrant for the arrest OF
Osaki several days before he was set
free by Judge Estee and while the
case was still pending in the Federal
| Court. He acted in such a way as
not to run any risk of the prisoner
getting away from the country and
ont of the reach of the law. should
he be liberated by Estee. The High
4 0lSIlH WAS al G4A tAol A<Sse-N -
release the prisoner and consequently
he was prepared beforehand to de
| tain Osaki on a new charge
Davis objected 10 the form OF the
complaint drawn up and sworn to Dy
Brown. II was necessary that a com
plant of murder or accessory TO muir
der should be made by some one who
/ had witnessed the deed
Brown. when questioned in this re
| gard. testified that he had not been
at Kahuku at the time OF the riot and
/ that of his own knowledge he knew
absolutely nothing Of the crime with
which the prisoner was charged He
bhad sworn TO the complaint as re
suit OF what he had heard in the po-
lice court during the trial Of another
japanese who was connected with the
Kahuku riot and the killing Of certain
Chinese at that time
Brown had not worded the com
plant so that II could be seen that he
based his charge on what was so sc
the best OF his knowledge and belief
for ne had not thought il necessary e
frame the complaint that way
Judge Gear asked Brown II there
was anyone in town who had witness
ed the affair at Kahnku- Brown SAID
that there was not. but that Their.