The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-07-27
HIGH SHERIFF BROWN II
CONTEMPT.
In His own Custody for One Hour.
Kahuku Japs Released and Then
Re-arrested.

Judge Gear had a very interesting
session of court today. He announced
his intention to call Crrand Jury to
indict the prisoners who are being re-
leased on habeas corpus proceedings.
Three Kahuku Japs under sentence for
murder and manslaughter were set free,
and High Sheriff Brown was adjudged
guilty of contempt for having them
afrester again in the corridor, within
sight of the court. Brown got a light
sentence, being placed in his own Gus
tody for the space of one hour.
Attorney Brooks brought up the cases
of three of the Kahuku Japs, Ihara,
Yamana and Osaka. Before making his
ruling in the first case the Judge stated
that he had decided to call a Grand
Jury to take up the cases of the men
set free Gear said it had not been his
intention to call such jury but that
he understood that in addition to the
men already set free. there were many
others in custody who might gain their
liberty, but whom the Attorney GEN
erals department held ought to be in
prison.
Gear also referred to the statement
in Dole's defunct applications for writs
of mandamus compelling Gear to allow
appeals, to the effect that the decision
in the Goto case showed the court mis-
understood the application of the In
sular decisions to Hawaii The Court
stated that the Insular decisions were
not the basis of the Goto decisions at
all, but the Newlands Resolution.
The Court held that the Newlands
Resolution, by its express terms, eX-
tended the constitution of the United
States to these islands," said Gear, "and
did not base it's decision upon the In
sular decisions of the United States
Supreme Court, but upon the New
lands Resolution"
Dole asked that the calling of a Grand
Jury be postponed at least until Mon
day. He referred to his aDneal to the
Supreme Court in the. matter of the
writs of habeas corpus. The Court
stated that it did not propose to post
pone calling jury in order to give the
Attorney General time to get a special
term of the Sunreme Court to review
the Goto ruling.
This court will do nothing in recog-
milton of your expectation that the
Supreme Court will Overrule it's juris-
dicuon in a habeas corpus case" said
Judge Gear. 1T is firmly of the opinion
that the Supreme Court will rule the
same as this court"
Ihara was called forward. He had
| substituted a nicely fitting citizens
| suit for his convict stripes and looked
! like a prosperous little brown man.
He wore white linen coat and brown
| pants, and was evidently prepared to
go forth a free man, as did Goto Hayza
only two days before. But a rude sur
prise awaited him.
Judge Gear, through interpreter Har-
bottle told Ihara that his conviction
had been illegal, according to Ameri-
can law and that Hawaii was an Anne
rican country now. The prisoner was
| told that he was free.
Ihara stepped to the prisoners dock
| to get MS hat and left the court room
with a smile as broad as he knew now
| to make. At the door inside the court
| room sat High Sheriff Brown, of pain
! full memory to Ihara. and just outside
was officer Toma Abe, an equally un-
| pleasant reminder of old times. Toma
seized Ihara by the coat and showed
! him a paper. With all the vigor thai
Toma is noted for he began shouting
into Iharas ear-the best explanation he
| could frame of the fact that he was
under arrest for murder.
The Jap just released looked troubled
| for a moment but his attorney came
forward and told him it was all righ
and he took up a position in the cor
ridor, with Toma on guard.
Brown still sat at the door, tingerini
a few more murder warrants. va.
mana was released and as he passed
out the High Sheriff handed a warran
to Toma and Toma bagged Hamana
Here Brooks called the attention of tn
Court to the making of arrest in court
and Gear intimated that he would cal
| Brown up for contempt. Osaka wal
duly freed and re-arrested in the sam
way, only a bit further from the cour
room door, and then the High Sheriff
i was called up.
| II was aware that it was not prope
to make arrests in Court" said Brown
"but / did not know that / had not tn
right to make the arrests in the corri
dor outside the courtroom"
Dole said that there was no inten
tional contempt anyhow, and intimate'
that there was no contempt at all, bu
when Judge Gear tried to hin him dow
to such statement, he said he was no
answering such questions off hand. Tn
court said that ii was undoubtedly con
tempt to re-arrest men lust set free, II
sight of the Court, and that the mel
ought not to have been arrested unit
they left the courtroom building.
"All right, Wen let them out of tn
building after this" said Dole.
4 Judge Gear said that as the motion
had been made by Brooks he woul'
have to rule on it.
L don't want the High Sheriff pun
ished," said Brooks.
The court wanted to know why h
had made the motion, and Brooks sal
he wanted Brown punished but no
severely" The Court adiudged Brow
guilty of contempt and ordered him int
his own custody for one hour
"Where is the place of confinement?
asked the High Sheriff.
"I said in the custody of the Higl
Sheriff" replied the court,
Brown left the Court in his own Gus
tody at ten o'clock and il was fuI
hour before he could release himself
PACIFIC HEIGHTS RAILWAY.
| Nn rnndnr scnnIc Niew To he hal