The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-11-05
NEW TERM
WILL OPEN
Transition Middle
Comes Up
Again.

the present outlook will keep both Cir
cult Courts busy during the November
term which begins this morning. The
principal part of the criminal business
of the term win be the trial of these
prisoners convicted at that time ana
Indicted by the last grand jury.
The Supreme Court Of Hawaii has
held that the former conviction of these
men was valid. Judge Estee has held
that 1t was invalid. Illegal and void.
Judge Gear has announced his intention
of following the later ruling of the
Federal court, and the attorneys see
breakers ahead, whichever decision he
/ follows.
| Pleas in abatement have already been
! filed in number Of cases and an at
! tempt made to secure the release "f
/ these prisoners, by habeas corpus on
the ground that have already peen
placed in jeopardy. Under Judge
E,stce's ruling their convictions were
illegal and ii is generally understood
THAT his ruling was in effect that as
there had been no conviction, the men
could be tried again on the same charge
If reindicted. If this ruling is followed
out by the circuit judges, they can
hardly release a man on habeas corpus,
if he has never been in jeopardy before,
providing that contention is MADE.
Then if the appeal is taken to the
Supreme Court of Hawaii on such deci-
: sion. which under the ruling of the
Supreme Court is unSOund, that Dody
can do nothing but overrule the circuit
court, as it has held that the men have
not only been placed in jeopardy but
: have been convicted rightfully ano
legally. II is hardly to be expected
{ however, that the supreme Court woulc
, order the release of the prisoners or
appeal as it has already held the con
yiction 10 be legal. But on the Other
hand If the higher court held the sec
l ond indictment to be invalid, because
> of previous jeopardy, there would b'
nothing for the circuit court but to dis
, miss the Indictment, leaving the prls
oners held without legal right at all
according to the circuit and Unite,
. States court. on the other hand an ap
II peal to Judge Estce would hardly 10
effective, as he would not be likely t
n hold that these men had been once Il
, jeopardy. when NJ had already he'll
that the first conviction was Illegal.
Altogether the court muddle is a Yer
II unfortunate one, and the only wa
y, which it can he settled is by the az
O. peal of the Attorney General to tn
a Circuit Court of Appeals or the ST.
IN preme Court of the United States, frol
the decision of Judge Estee. The pa
pers for the appeal are now being pei
IL fectcd. and the veNed question is likel
,e to be settled as soon as II can prurerI
es be presented at Washington.
NEW APPOINTMENTS.
Judge Humphreys Saturday appoint
ed Miss clara DCcew to succeed ID. /
Case as court stenoErapher. The al
pointment was approved by Judge Ga
" braith as associate justice
John Bush was appointed fiawaiia
l. Interpreter to succeed Chas. Stilmanl
who rendered his resignation at the II
quest of the First Circuit Judge. Bus
was first appointed a year ago and re
~ signed to act as interpreter for tn
VI legislature, under a promise that h
4 should have his old position back at til
RS expiration of the session. In the near
70 time Ely Crawford was acting in h
place, when Judge Gear appointed NJ
Stillman, the appointment being mad
upon the recommendations of the RI
~ puDllcan central committee, AT IN
same time as Emil Ney was given
10 berth as baliff. The First Circuit JudG
:, filed a stenographic report of the hear
" ing held in his chambers with the in
terpretcr Saturday in which he made
statement of the case after which tn
Interpreter said that ne would resign.
J. THE NEW CALENDAR.
n Thirty-six jurors have been sum
r, moned to appear this morning in tn
Dr. First Circuit Court TO serve during tn
November term. The calendar is no
nearly as large as that Of last tern
= despite the fact that there are fit
more criminal cases than usual due t
- the transition period indictments.
e. The total number Of cases on tn
: docket for the August term was 29
I, while this term there are but 265 case!
l. There are ninety criminal cases Will
last term there We're but forty-thre
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