The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-17
JUSTICE PERRY IS BlsQVluFIEI
HE CANNOT SAT IN HEARING or
APPEALS IN HAsEAs
CORPUS CASE.
me Four Bark sryans sailors FOND
cuIlsy-saprsms cours susssIns
Second clreeis-slsssr Alssrtlsa
wins Hsr esss-cOurs Notes

Once more the prison doors. the
loors OF the oahu Penleentiary which
losed behind 50 many illegally con
aeted pFisonsls during Aawaii's
transition period have opened at
second Judge OF the First Circuit
sourt. to let cut into the air of Tree
I'm another victim Of the majority
.ary system which was continued In
orce. although IN direct violation %
ne Constitution Of the United States.
.or some time after the stars and
Stripes was hoisted over these ISL
Ands.
Judge Gear yesterday morning re-
leased one OF the unlawfuily incarce-
rated men on habeas corpus on the
ID men on habeas corpus on the
ground that he had been convicted
without presentmeut and without IN.
iictment by a grand jury. such con-
siction being In opposition 10 the Con-
ititntion q the United States
Chida Manzabaro was the man who
vas given his liberty. He was con-
sicted before Judge Perry In May.
S99. OF the crime of mansiaughter
In the first degree and sentenced 70
twenty years Imprisonment
Having evidently learned a lesson
In the matter Of re-arresting released
prisoners In the corridors OF the
courtroom. High Sheriff Brown did not
take Chlda into custody as soen "a he
started TO leave the presence OF the
Judge. On the contrary. he had sta
toned Detective David Kaapa ia tho
yard OF the Judiciary building 70 cap
tnre the Japanese as soon as he
'hould leave the Temple Of Justice.
| Chida's freedom was short for. arrest
ing him as soon as be left the building.
KAPPA con1ucted Chida TO the police
station.
There were many persons present
n Judge Gearis courtroom. They ex-
pected that. perhaps. something sen.
sationai was likely 20 occur.
The ardOr Of their anticipations
was In no way cooled when they OBJ
served Attorney General E. p. Dole
present in the courtroom.
The habeas corpus matter was
brought up By Attorney F. G. Brooks.
Attorney General Dole arose imme-
dlately. saying.
while have had no talk with mem.
5ers OF the Supreme Court. under.
itand the questions 0f law involved
n this case are TO be covered In a
decision 10 be rendered bv the Su
preme Court on Tuesday next
Judge Gear interrupted the Attorney
Senerai here. He said:
4 see that the Chief Justice denies
hat there is any truth In the report
~ tho declricn VII be ready on tha,
day. This Court vii consider no OK.
uses for postpOnement This Court
win never presume that q decision ol
the Supreme Court viii uphold or re-
verse any OF It's orders. In this case
Believing firmly as I do 10 the lie
yaiity OF the prisoners conviction and
Imprisonment. there II only one thinf
that the Court can do.
This Courts position in the habeai
corpus matters is still Law The leg
lslative enactment giving to Circai
Courts the right % aliow writs of Ia
aeas corpus has not been repsalet
that this Courf knows or.
There j. but one thing this Cour
can DO, and until this Court Is tois
by a higher power thar 4 "a wrong
Is bound 20 DO H.
The Court then ordered the pEisone
discharged
Attorney General Dole then gayr
notice 20 appeal