The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-08-23
TWO MORE
co FREE
Life Prisoners to
Be Turned
Loose.
,From Wednesdays daily


Two life-sentence prisoners, one
rapist, the other a murderer, are the
latest beneficiaries under Judge Gears
ail-delivery order.
George Wade, who pleaded guilty TO
the murder of George Gillespie, was
released yesterday upon application for
a writ of habeas corpus and All Quong,
a Chinese rapist, will very likely be Civ
en- his liberty today unless, in the
meantime, the Supreme Court issues
restraining order, in the form of rui-
ing upon the appeal.
Wade's application for release was on
the ground that he had never been IN
dicted by a grand jury, and Judge Gear
after reading the petition remarked
that there seemed to be no dispute as
to the facts. He said that under his
former ruling as to the unconstituton-
ality of convictions he would order the
release of the prisoner. Attorney Gen
eral Dole gave notice OF intention 10 ap-
peal
The court knows of no such proceed
ing" remarked Judge Gear, though II
may hear of it in a few days
Wade was re-arrested upon leaving
the court house. His crime was COM
mitted in the early part of 1899. he
was employed upon the steamer Aus
,ralia as chief cook. and while the YES
sci was about a mile from port he pc
came involved in an alteration WIN
the steward, George Gillespie, over the
division of proceeds from the sale OF
opium. so it is alleged. He drew re-
volver and shot Gillespie dead. and the
officers of the boat finally accomplish
ed his capture after shooting the des-
perate prisoner in the head. chester
Doyle, who had been aboard the BOAT
in a search for a prisoner, was one OF
the witnesses to the shooting. There
was no doubt as to the guilt of the
man. and ne pleaded guilty to the
charge of murder in the second degree
before Judge Stanley, who sentenced
him to life Imprisonment
All Ouong, the Chinese rapist. VIII De
produced in court this morning, on
writ issued by Judge Gear yesterday
upon application of Attorney r. NJ
Brooks. The crime of this man was a
particularly heinous one. 1t was COM
mitted on Hawaii, and ne was sentenc-
ed from Hilo a year and a half ago, for
life. Mr.. Brooks has not as yet out
lined the ground for his presentation oil
the case. but it will be in accordance
with the previous rulings of judge
Gear.
THE KING ESTATE IN COURT.
During the noon session Judge Gear
heard the application of the widow OF
the late James King for an increase IN
10, IN he
she is now getting but six dollars each
or thirty dollars for the support OF al
five minors. Mrs. King was put on tht
stand and testified that she had beer
spending from 500 to $3.50 per mont'
out of her lown income for their proper
maintenance and she thought the laho'
should be leased so as to bring IN
larger income. She said that she nae
asked the guardian for an increase, blu
he had told her it could not be raised
as the court had ordered that but thirty
dollars a month could be paid to her
She also testified that she had been II
and unable to bear the extra expense!
of her children's support. She admit
ted that the income would not allow
an increase of $3.50 per month, but di'
not agree with the statement OF TN
court that he would not allow the prln
cipal to be moested She said that Tn
estate did her children no good; sh
wanted the children to have an educa
ton; lots of men started life withou
an estate. She further argued that
the boys had an education they woul
have no need of the estate when the
became of age.
10 ha ralt
of the real estate in question, and the
Mr. Lightfoot was put on the stanc
Mr. Magoon is attorney for Mr.. Light
foot and his advice came near gettin
the latter into trouble with the court
Mr.. Lightfoot, it appeared from hi
own testimony, had been receiving tn
share of the absent heir, James Kine
who is of age, and re-investing 1t wit
the funds of the other children Kin
when last heard from was in Sout
Africa and had received no share OF hi
fathers estate. The court questlone
the witness as to his action in rein
yesting the money of the absent he'll
for the benefit of the minors, and sal
that he had no right to do this MI
Magoon replied for him that he dl
have as much right to do this as any
one, and that the court had no author
ity over the fund, as the administrato
had been discharged. The court reptile
that he did have jurisdiction over tn
funds of the absent heir and would OF
der the money paid into court. 1t the
developed that Mrs. King had neve
been discharged as administrator, an
the money was ordered paid to her,
be held subject to the order OF the al
sent heir II found. 1t was shown tha
the estate is worth $4,000. The hear
ing of the case will be resumed tn
afternoon.
MR.. DAVIS COMPLAINS.
Attorney G. A. Davis complained
the court yesterday that he had M
been. given an opportunity to preser
a case at this term, because of the di:
qualification of Judge Gear to act upo