The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-17
Opens PrisonDoor
toSeIf-C
Murderer.
PERRY'S RIGHT TO
ACT QUESTIONED
Claimed He Is Disqualified From
Passing Upon habeas
Corpus Cases.

BY the order of Judge Gear yesterday
morning, Chida Manzabaro, a self-con-
fessed murderer, walked out of the
court house a free man-into the hands
of an officer. who again made him a
prisoner.
The order was made on the applica-
ton of Attorney Brooks upon writ OF
habeas corpus, in which he alleged that
the defendant was illegally restrained
of his liberty because he had never been
indicted by grand jury. The court,
without hearing arguments as to the
legality of such a proceeding, ordered
the release of man, who by his own
admission is guilty Of the crime OF
murder, Chida was one of the Japs ar
rested for the killing of zee Fook Sing
during the Kahuku riots of March 26,
1899, and when he was brought before
Judge Perry he entered a plea of guilty
in the hope of receiving a light SEN
tence He was sentenced to Oahu
prison for a term of twenty years, and
has served over two years.
! When the application for the release
of the Jap was presented to Judge Gear
yesterday morning Attorney General
Dole appeared and asked a postpone
ment of the hearing.on the ground that
similar cases were before the Supreme
. Court.
\ Il understand there is a doubt of what
is before the Supreme Court and it is
only a question o. whether the appeal Is
to be allowed replied the court. If
the Supreme Court is to legislate on Con-
gressional matters, | presume you nave
the same remedy IN this case. The duty
of this court is to grant writs of habeas
corpus when proper cause is shown, and
unless the Legislature takes away that
power or the Supreme Court legislates
in the matter this court will act under
i. the powers given it 1t seems there haV-
ing been no indictment by Grand Jury
this man is illegally restrained of his
liberty There is only one law in this
matter in the Territory, the decision OF
this court, and l am bound to follow that
decision until it is overruled. L see no
reason for Withholding a decision in this
case The writ is asked for on the
ground that this man was not convicted
: according to law. In the wisdom of the
United States Congress, all municipal
laws of the Territory not in conflict with
the Constitution were to remain in force
here. There is only one thing this court
can do, and until a higher court tells it
what to do, it will act as it sees fit. I'm
der the decision of the Supreme Court of
the United States this man had a right
to "a trial by a jury of twelve men, after
indictment by a Grand Jury, and any
thing in violation of that right was con-
: trary to the Constitution, whether the
Constitution was here not. The de-
PENDANT is entitled to his discharge on the
ground that his trial was not based on
a Grand Jury Indictment"
The court ordered the discharge of the
Jap, through the Interpreter, and the
erstwhile prisoner strutted out of the
court room without even looking back.
He maintained his dignity and his free
dom only until he reached the outer door
of the court house. where Detective
KAPPA was waiting for him with war
rant, and again took him back to prison.
Is JUSTICE PERRY DISQUALIFIED?
Y The right of Associate Justice Perry to
Aact in the habeas corpus cases was at
/, tscked by Attorneys Davis and Brooks
yesterday on the ground that he was
the judge who originally heard the
cases of the prisoners and sentenced
them to prison. Messrs Brooks and
Davis expect if their contention is
sustained to get "a divided court
which, in case a decision was given
means that the decision of Judge
Gear would stand. In that point they
are very likely to be disappointed, even
did the members of the Supreme Court
hold that Justice Perry was not qualified
to sit upon the cases in question. In the
event that such a finding is made, some
member of the bar will be called to sit
with the remaining justices and the case
will be re-opened.
Along with the briefs filed by Messrs.
Davis and Brooks yesterday morning was
the following notice to the Supreme
Court:
of the Territory of Hawaii Upon ex-
animation of the records in the within
cases we find that Associate Justice, the
Honorable Antonio Perry, presided at the
trial of the following cases (here fol-
lows a list of the cases in which Perry
was the circuit judge) in the circuit court
and sat in Judgment upon the said cases.
We therefore, respectfully submit that
under and by virtue of section 81 of the
act to provide q government for the Ter
ritory of Hawaii the said associate Jus
tice is disqualified from sitting as judge
and hear ing and deciding the appeal of
the Territory in all of the within causes,
they having been argued and submitted
together as one case on appeal TO this
honorable Supreme Court"
Attorney Davis contends that with JUS
tice Perry disqualified, and one other jus
tice dissenting. the opinion rendered by a
divided court would not affect the decis-
ion of the lower court That this position