The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-29
COMEDY
IN COURT
GearOrdersBrown
To Punish
Self.
PRISONERS LET GO
AND REARRESTED
Circuit Courts FarcicaI Order to
High Sheriff Because of
Contempt.

vertiser, Judge Gear released the
three men for whom Attorney Brooks
had applied for writs of habeas cor
pus. Immediately upon leaving the
courtroom they were rearrested by
The arrests We're made in the hallway
leading to the courtroom, and the at
torney for the defendants asked the
court that the high sheriff be punish
ed for contempt, afterwards With
drawing his motion. Judge Gear jok-
attorney, and ordered the high sheriff
to remain in the custody of himself
for the term of one hour, a sentence
which the prisoner laughingly proceed
ed TO execute In fact. the whole pro-
ceedings of Saturday morning were
OF such a nature as to have been
comical had it not been for the fact
that the liberties of the three defend
ants were at stake. How anyone can
take such a farcical proceeding as the
sentencing of a man to remain in
his own custody for one hour, serious
ly, is past understanding.
If I was the high sheriff, concluded
Judge Gear, Il would consider it my
duty to release all the prisoners now
confined and illegally convicted and
rearrest them, to be tried according 10
due process of law
The cases of the three Japs, Ihara,
Yamana and Osaka We're called upon
the opening of court Saturday morn
ing by Attorney Brooks. Before pass
ing upon the cases Judge Gear stated
that he had decided to call the grand
jury in August, to consider the cases
of the men who We're to be rearrested,
thus tacitly sustaining the position
taken by Attorney General Dole.
Mr.. Dole asked the court to postpone
the calling of the regular grand jury
until later in the term, in order that
his appeal in the Goto case might be
considered first by the Supreme Court
This the court refused to DO. saying
that he could not wait, for the pur
pose of allowing a special term of the
Supreme Court. when he felt certain
| it would sustain him in the position
he had taken with reference to the
issuance of writs of habeas corpus.
Ihara was the first of the japanese
to receive his freedom at the hands OF
Judge Gear, who, through an inter-
prefer, told the defendant that under
new ruling of the Supreme Court the
law under which he had been convict
ed was declared unconstitutional, and
he was now at liberty.
| The Jap readily accepted the situa-
| ton as could be seen by the fact that
he was already attired IN neat-fitting
| linen coat and brown trousers. With
| a smile of satisfaction he left the
courtroom, his attorney following. The
| Jap started TO walk out through the
corridor. when he was nabbed by Off
Ger Tome Abe, who began reading the
warrant to him. while Attorney
Brooks vainly attempted to pull his
client back into the courtroom. Ihara
evidently failed to grasp the mean
1 ing of the now angry attorney, and
| walked meekly off with the officer.
Attorney Brooks, returning to the
courtroom complained to Judge Gear
that the high sheriff was arresting the
! men before they left the presence Of
| the court and was guilty of contempt.
| The court replied that he would attend
to Mr.. Browns case in due time, and
/ Yamana WAS brought forth and releaS-
ed, as was the first prisoner. He was
rearrested in the corridor, and the
third Jap osaka was treated in the
same impartial manner. Judge Gear
then asked the sheriff to show cause
why he Should not be punished for
contempt.
The sheriff explained to the court
that he did not know it TO be contempt
/ to rearrest men after they had left the
courtroom which the men had certain
ly done in this case. Attorney Genera
| Dole supplemented this statement with
one to the effect that the high sheriff
| had only been acting under his orders
/ and was performing his duties accord
ing to law; also, that if there had beer
any contempt shown the court, it was
lunintentional. Judge Gear stated thai
it was contempt to arrest men within
- =, nd cot
should have been permitted to leave
7 the courthouse. The attorney genera
replied that in the future the released
prisoners would be permitted to d.
this
81 shall have to pass upon the mo-
ton for contempt" said the court.
81 don't wish to have the high sher
if punished" said Attorney Brooks.
"Why did you make the motion
| them" asked the court.
well. I don't want him severely
dealt with" replied the attorney.
The court laughingly said that ht
would have to take some cognizanc'
of the contempt, and would orde1
Sheriff Brown to take himself into Gus
tody for the term of one hour Th'
sheriff smilingly replied that he would
comply with the order of the court
and the little farce comedy was closed
All or AND HAMILTON REAR
RESTED.
Hamilton and All Oh were both rear
rested Saturday on warrants charging
them with their old crimes. The pris
oners were Immediately arraigned be
fore Judge Wilcox. Hamilton wa
charged with having at Honolulu
Island of Oahu, June s, A. d. 1895
without malice aforethought, and with
out justification, or extenuation by law
kin one A Davis. and did then an
thereby commit the crime of murder il
the second degree"
An oil is charged with having a
Honolulu, Island of Oahu, May 81. 1895
/ in the night time unlawfully. felon
iously and burglariously break an
enter with intent to commit a felon
therein, the dwelling of one II. v. Muir
ray. and II. V. Murray being at sal