The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-29
COURT TERM
At AN END.
Transition Period
Captives Want
Freedom.
JUDGE GEAR HAS
VERY BUSY DAY
Decisions Filed and Prisoners
Sentenced Cleaning Up of
Court Calendar.


the consequences of their crimes, and
with that end in view pleas in bar were
/ filed yesterday by the attorneys for
George Wade who killed the. steward OF
the Australia, and William Ester, also
serving a sentence for murder. Petit
tions were filed by which it is hoped to
have the indictments found by the last
grand jury declared invalid, and once
their freedom from under the old con-
viction which has twice been declared
unconstitutional, by habeas corpus pro-
ceedings.
VIM. Ester alleges in his petition that
he was indicted for murder in the first
degree May 7th. 1900, and that May 2Srd
1900, he was convicted of manslaughter
and sentenced to term OF twenty
years in prison.
! That therefore the new Indictment
found by the last grand jury is Illegal
and should be dismissed
George Wade files similar plea, al
leging that he was sentenced May 18th,
1899, for murder, and has been serv-
| ing his term, and was in prison when
the indictment was returned He states
| further that more than two years have
elapsed since he was taken into the
| custody of the court, and during that
| time he was given no trial or examina-
ton upon the Indictment now present.
| ed. He further alleges that the laws
| of Hawaii We're not carried out. in that
| the defendant was not arraigned and
| prosecuted in a court of record, and
| that no Indictment was presented for
over two years after his arrest. These
delays he alleges were not his fault and
| he asks:
'That the failure to prosecute said
| defendant as above alleged, has, by
operation of law. operated as an acquit
tai of the defendant of the charge here
in alleged against him. and under the
provisions of the law he is entitled to
an order by this court for his discharge
from custody"
| WANTS GRAND JURY MINUTES.
1 William Davis, one of the men in
dicted by the grand jury. asks that he
be allowed to see the minutes of the
grand jury in relation to his case, and
that he cannot plead before he has seen
them He alleges that he had no eX-
animation before a committing magis-
trate and believes the indictment to
be based upon insufficient evidence.
LAST DAY OF TERM
Yesterday was the last day of the
special September term. which was eX-
tended as much as could be done under
the law. There was a general clean
ing up of business of all kinds, and the
calendar is in comparatively good
shape A few weeks work by two
Judges will effectually relieve its pres
ent overcrowded condition.
PRISONERS SENTENCED.
Kalipaka, a Hawaiian who was twice
sentenced in the District Court for pet
ty thefts, was given a three years sen
tence by Judge Gear yesterday. to be-
gin at the conclusion of his present
term. When he was asked if he hac
any reasons to give for Il light sen
tence. the prisoner said through the in
terpreter, that as it was in the power OF
the court to be lenient, he should eX-
Y ercise that power. The defendant saic
I he had pleaded guilty and that faci
ought to be taken into consideration
= Judge Gear stated that in view of his
y previous crimes the defendant had nj
= right to expect Ieniency, but said he
g would take off two years of the five
years limit, and sentence him to three
years in prison. kailipaka was charg-
l ed with stealing two calabashes valued
:. at SAL
Alfred Christensen was sentenced tt
= one days Imprisonment, having already
served a few months He pleaded gull
zoo linz hlr I-.l1T a
: teen dollars.
r D. McGoldrick pleaded guilty to the
: theft of a bicycle and sentence was sus'
i pended on the promise of the man to GO
to San Francisco where he has VIE
and child.
REPORT ON HOLT HEIRS.
J. J. NJ Monsarrat filed a report yester-
day in regard to the petition of the Holt
heirs that he pay into court 81, 114.7O to
- repay advances made by Bruce Cart
wright to the BOYS The master in the
report says:
Il am satisfied upon an examination
of the vouchers that Mr.. Cartwright &C
tually advanced to j. D. and j X iioi'
81. 40 more than the amount OF 'heli
: net income received by him during the
lneriod between September l, 1899, and
June u. 1900. and l so report. These ad-
:. vances were made against interest and
rents due and colIectable at the time OF
transfer of the r. w Holt Estate TO Mi
lCartwright's successor.
BROWN CAN SEE CHILDREN
In the matter of the application OF c
4. Brown for the custody of his children
while his divorced wife was away Judge
Gear held that the petitioner may WISH
the children between and , ever.
alternate Saturday. beginning November
y ., but the petition for temporary custody
is denied The court held that he haC
no Jurisdiction sitting in probate to mod
ify an order sitting in a law case, bu
= counsel agreed to waive the question o
jurisdiction.
1t is further stated that the children
were canahle of choosing their guardian