The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-31
THIRD WRIT
IS ASKED
Wade and Chida
Released by
Gear.
IMMEDIATELY
REARREsTED
Application for a New Writ for
Chida Will Be Heard
This Morning.


cure his freedom by habeas corpus.
Twice he has tried it and each time he
has been successful, but his liberty vas
short-lived, as he was re-arrested as
soon as he left the court house
Yesterday morning rudge Gear re-
leased both Chida and George Wade
npon the application of Attorneys
I:r"oHs and Andrews, who alleged that
they were being illegally restrained of
their liberty. The order was made de-
spite the protests Of Acting Attorney
General Cathcart, VINO claimed that the
men should be held until their appeal
was determined by the Supreme Court
The court refused to do this, holding
that the appeal did not affect the status
OF prisoners or operate as a stay to the
order of the Circuit Court in releasing
the prisoners the first time.
| Immediately upon leaving the court
/ house both men were re-arrested on
new complaints, warrants being issued
from the court of Judge Wilcox upon
the application of High Sheriff Brown.
The same offense is charged under
which the men were recently released
| in the District Court. Attorney Brooks
Eapplied for another writ of habeas cor
pus for Chida yesterday afternoon. and
| it was granted by Judge Gear and
made returnable AT $50 O'Clock this
morning. The petition alleges that Chi
Ga is restrained illegally and that Judge
Wilcox had no jurisdiction to issue a
warrant for their re-arrest after they
] had been released by Judge Gear on a
writ of habeas corpus.
The proceedings yesterday morning
| in Judge Gears court were of a rather
desultory nature, and dragged along
slowly until it appeared rather doubt
| full If the hearing was to be completed
at all The prisoners, Chida Manzaboro
and George Wade, were both in court
when the case was called, shortly after
10 o'clock. Mr.. Brooks, speaking for
Manzaboro. stated that the men were
being imprisoned without authority of
law and contrary to the order of the
court He asked the High Sheriff to
/
| titioners.
Under what authority do you hold
these menu asked the attorney.
Under the authority of a, mittimus
Issued by the Circuit Court and letter
iof instruction from the Attorney Cen
Ieral," replied Sheriff Brown.
j do you remember what was in that
lletter?"
Yes: it simply stated that Yamani
and the other prisoners had been re
manded back to custody by the decision
lof the Supreme Court; Wade and Chida
II think were TO be held pending a. de-
lesion ON the appeal"
Didn't the court order the release OF
Chida?"
He was released.
But you re-arrested him"
Il did"
Under what authority"
Il took him under a warrant ISSUED
. by the district magistrate"
What is he being held under now
; Under the old mittimus."
What are you guided by in this case
; the order of the court or the letter from
; the Attorney General?"
. "Ry the letter of the Attorney Gen
; eral. 1 should say"
That ended the examination. Their
. being no cross-examination by Mr.
Cathcart
1T appears from the evidence" re
; marked the court, that this man re
leased by the court is held by what tn
) Attorney General says, the defendan
: once having been released; I would Xix
L. h. ha q ms
be held by a mittinaus under which h
: was once released"
THE position of the Attorney Gen
eral." replied Mr.. Cathcart, lis that tn
lappeal from the Circuit Court to I'll
= Supreme Court at once arrests the judg
: Iment of the Circuit Court, and pendini
: decision on the appeal the order cal
: have no force
t But the. man was released unde
!, that order" said Judge Gear.
: The Attorney General never con
a tended that these men could be he'll
h pending an appeal" argued Mr.. Brooks
: IA the argument before the Circui
Court he never asked that, and in fac
:, asked that the prisoners be released o.
!, their own recognizance.
!. What was the order of the Suprem
. Court in these eases?" asked the court
Tt reversed your order and remand
d ed the prisoners back to jail" reptile
Mr. Cathcart.
A But they already were in jail.
= That was under the new warrants.
!. Then as you had the men alread
there was no need of an order"
..Of course we had them
Now we are up against the PROPOSE
Z ton that these men were being held an
some order has to be made
I'VE claim an appeal has been mad
in these cases. and the men are held b
virtue of that appeal
THE law requires an appeal bond c
. fifty dollars to be filed. Has that bee
done?"