The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-07-27
THOMAS FITeH's EXPLANATION
LITTLE KAN YOU SCREAMS AND
wEEPs WHEN ORDERED
BACK TO CHINA.
Sea Kings Second Mate Pleads Not
Guilty All ouaFs Case Under
Recommendations Corpus Pc
titions Today.

Chief Justice Frear has denied the
application Of Attorney General Dole
to the Supreme Court for a writ Of
mAndamus compelling Judge Gear To
allow an appeal In the Goto and All
Oi habeas corpus cases. on the ground
that II he had a right to appeal from
the decision of Judge Gear in libsr
ating q man on habeas corpus. such
right exists by virtue OF law and is
not 20 be enforced by mandate Of the
Supreme Court The Chief Justice
informed the Attorney General that
II his appeal has any merit in law. IL
will appear In the regular course as
such matters come up in their turn.
Attorney General Dole addressed
the following TO the Honorable JUS
tees OF the Supreme Court yesterday:
''Sirs.--The following persons were
convicted OF Infamous crimes between
the 18th day OF August. 1898. and the
9Th day OF June. 1900. and are under
sentence as hereinafter stated:
August "a. 1898, w ID. Hamilton,
manslaughter. End degree. years.
March 3, lS99.-Beni Kupihea. rape.
years
May %. 1SsS.-Ihara Ichigoro. muir
der. LIST degree. hang. committed life
May %. 1S99-osaki Mankichi.
manslaughter. LIST degree. 20 years.
May %, lS99.-Chida Manzaboro.
LIST degree. 90 years.
May %. 1S99.-Yamane Nenchiro.
manslaughter. End and 3rd degree. Is
years.
August 10. ls9s.-Geo. Wade. muir.
der. 2nd degree. life.
August Is. 1S99.-Cenji. assault with
deadly weapon. 500. fine and years
December 9. iS99.-Yong Lock Nee.
murder. End degree. life.
March Is. l909.-Lum Kon. larceny.
list degree. Is months.
May Il. l900.-Kaluna. burglary. LIST
degree. Is years.
May 25. i900.-Wm. Ester. man
slaughter. LIST degree. 20 years.
June s. l90G.-Lono opio. rape, 4
years
May s. lsO0-Nalopi malicious burn
ing. years.
June -. iS99.-Ah Quong. rape. life.
January 10. lS99-Wong Cheung
Hung. manslaughter End degree. 10
years.
April s. lS9e.-Huekoni alias Kaie.
burglary. 2nd degree. years.
October 6. lS99.-Hanale NapuuPa-
hee. murder. End degree. 20 years.
October Is. iS9S-Lo On Pau. bur
glary. End degree. 10 years.
April 5. lS99-Hamada. burglary.
LIST degree. years.
July Is. 1899. -Makihara Katsataro.
manslaughter. End degree. years
October is. 1SsS.-Lee Lang. larceny.
LIST degree. 4 years.
March 5. t900.-Chow Yuen Toon
alias Papaaioa. assault with deadly
weapon. years
October Is. 1885, - Sang. lar
ceny. LIST degree. years.
4 think Il is my plain duty TO do
all ! lawfully can to prevent these
criminals land there are two or three
cases Of outrage far worse than or.
binary murders in the first degreel
from being turned loose on the com.
munity.
AS I understand the recent deci-
sions of the Supreme Court of the
United States. the questions raised
and passed upon by the Second Judge
OF the First Circuit Court were not
directly adjudicated by the Supreme
Court OF the United States. II seems
TO me that II is still an open question
whether the first ten amendments TO
the Constitution Of the United States
were extended 10 these Islands by the
Newlands Resolution or by the Or
ganic Act. ! am not aware that any
phase OF this question has been pass
ed upon by the Supreme Court OF the
United States.
IF they were extended by the New
lands Resolution. these men were con
victed Illegally. and are liable to be
prosecuted rs IL no proceedings had
been had. But IL this is done they
will. OF course. plead former convic~
ton and q discharge on habeas corpus.
II they succeed in getting it: and the
same question OF the Constitution and
tag viii have 20 De met
"0n the other hand. Il the Fifth and
Sixth Amendments 20 the Constitution
OF the United States were extended
10 these Islands By the Organic Act.
and not BY the Newlands Resolution.
the conviction Of these men was legal.
and they cannot lawfully be convicted
again and are not entitled to discharge
on habeas corpus
These questions. concerning which
there is 4 vide and honest difference
Of opinion among able lawyers. can.
not be avoided: and il seems 10 me
essential for the protection Of this
community. and also constitutional
right which these convicted men have.
that the law Of the matfeT-ss far as
Il is within the power Of the Supreme
Court OF this Territory 10 settle
should be settled IS soon as possible
Snch adjudication is EQUALLY necessarv
whether the Firth and Sixth Amend
ments were extended BY the Seniands
Resolution or bv the Organic Act
The ATTORNEY Generals department II
II acts on the theory that former con-
yictions were void and arrests men