The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-08-06
JUDGE GEAR GIVES HIS FIRST
CHARGE.
Says All Illegally Convicted Prisoners
Should be Set Free Without Habeas
Corpus Proceedings.

The Grand Jury was sworn in and
chafseu TINS mUI nlng " Juuge GredI
ana as now IN Session. Inc CnaI ge was
Urle1 ana quite lnIoi mai ana ueais wlLn
only one speCinc SUBJECT Tor inVestiga-
ton. Tnls is the matter Oh the nIesaiIy
convicted prisoners IN Oahu JAN, or
those released on habeas corpus. The
Juuge tuld the jurors tnat he thought
all the men in Jail whose convictions
had not been legal ought to be released,
and he invited them to look into the
matter and make a recommendation.
l.. c. Ables, the man who claimed
the jury record and wanted to be eX-
cused, was made foreman. His plea to
be let off on account of having done
q lot of service seemed to convince the
judge that he must be an especially
good juryman and instead of getting
him a release it got him the foreman
ship. There was a smile on every face
but Ables, when Gear stated that
Ables' qualifications as a juryman APP
peared to be so good that he ought to
preside.
The jurors present and sworn in were:
John Adams Baker, Charles Motley,
George Parmelee Castle. William Mon
trose Graham, John II. Wise, James
Erskin Fullerton, John Harry Soper,
Frank Pratt Mcintyre, Robert c. A.
Peterson, Frank H. Armstrong, Frede-
rick Joseph Church, John Crowder, Ere
derrick John Cross, Albert Andrews Will
son, James A. Low, Frederick Martin
Lewis, Charles Thomas Wilder, Lee
muell Clark Ables, Horace Joseph
Craft. Prince David had been excused
to accompany the remains of the late
Mrs. Parker to Hawaii an William S.
Wond, who was again absent, was ex
cused because he is train dispatcher
and his absence from business would
interfere with United States mails.
When his second absence was noted
Judge Gear ordered a bench warrant
issued at once, and ordered that he
be brought from Waialua without de-
lay. On learning of his occupation,
however, the judge withdrew the war
rant, thoukh he remarked that Wond
ought to have come into court to ex-
plain.
1.-THE court at this time is not prepar
ed to and is not going to give a long
discussion of the powers and rights of
Grand Jurors said Judge Gear in
charging the jury, at believes that you
are intelligent gentlemen and have read
the long and well written charges that
have been given to juries here in the
| past, and that you thoroughly under
stand the reasons for the calling of
Grand Juries The court did not in
tend to call a Grand Jury at this term
but circumstances have arisen which
| have made it proper that there should
! be such a jury.
There are a number of men in the
| penitentiary under commitment from
the courts during what is commonly
known as the transition period. Some
lof them asked this court for wits of ha-
! beas corpus and writs We're issued. The
Newlands resolution passed by Con-
gress provided that all laws of the
Hawaiian Islands not in conflict with
the constitution of the United States
should remain in f rec. There have
| been contrary decisions as to tpc mean
! ing of this provision, but the last is the
decision Of this court. holding that the
language meant what it said and that
all laws in conflict with the constitu-
tion We're by the express terms of the
resolution abrogated and annulled.
There is no question that this reso-
luton was in effect after August r.
1898, and perhaps it went into effect be-
fore that. These men were convicted
between August II, 1898 and June a.
| 1900, when the Organic Act went into
| effect. Many of them asked at their
trials that the court instruct the jurors
that unanimous verdicts were necessary
that being the law of the United States.
subsequently the Supreme court of
the United States decide that there
were no transition periods, that terri
tory either remained foreign or became
domestic al once. That made it neces-
sary for this court to decide mat Ha-
waii became domestic territory of the
United States at once IN annexation
and therefore all laws contrary to those
of the United States were immedis tely
annuled.
"Those men convicted by verdicts of
nine out of twelve jurors after August,
1898, were therefore illegally convicted,
1t was their constitutional right l. be
discharged when they applied to this
court and this court, having sworn to
support the constitution of the United
States, could not but discharge them.
"A HuilDtI were ulStudIBtu anu SubSt-
quently re-arrested.
There seems to be no reason why
they should not be re-arrrested and
tried in a legal way.
"In the opinion of the court all those
who are confined under Illegal con-
victions should have been discharged,
though they made no application to the
court. This is a matter which you,
Gentlemen, can investigate If it ap-
pears to you that there are prisoners
Illegally held in Jail you can recon-
menu such steps as you may deem pro-
per, under the advice of the Attorney
General.
1T has become necessary that these
men who have been released shall be
given trials, Acting upon evidence
which is believed to be sufficient to
convict the Attorney General has had
them re-arrested. They are entitled
now, as they were before, to indict-
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