The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-28
Ne " WR|TS
ARE ASKED
Wade and Osaki
May be Re,
leased.
mo APPEALS IN
THEIR CASES
Registrar TMum Sued for $40, 600
by Nakuina Newspapers
Evidence OF Value.


day to prisoners released by him pre-
viously, and who were rearrested by
High Sheriff Brown. The two men in
question, Chida Mahzaboro and George
Wade, are prisoners released after the
other cases had been presented to the
Supreme Court, and consequently not
considered in the appeal. Both these
en- are self-confessed murderers. and
a role prosequi was entered in the
Police Court yesterday morning by the
Attorney General as to the warrants
Upon which they were arrested after
their release by Judge Gear.
The application for new writs was
presented TO the court yesterday after
noon by Attorney Brooks for Chida and
by Attorney Andrews for Wade 1t is
based on precisely the same grounds
that the first writ was issued upon
with the added statement that these
men ha1 once been released by Judge
Gear, and are restrained in spite of his
order. The writs We're signed by Judge
@ ear and are made returnable at $3.50
o'ciocI this morning.
Aside from the question of release OF
these men, the far more interesting
proposition will be considered. as to
whether or not the Circuit Court will
follow the decision of the Supreme
Court as handed down Monday in the
habeas corpus appeals. Nolle prosequi
was entered by the Attorney General
in Police Court yesterday in all these
cases upon the supposition that the de-
cision of the Supreme Court acted as a
supersedeas as to the order of the low
er court, and consequently these men
would be held under the old convic-
items. On the other hand, the defend
ants claim that these two men have
not had their cases appealed, and can
not be included in the order Of the court
allowing appeals. and holding the pris-
onerS under the first convictions. An
other point raised is that the questions
involved in the release of Wade and
Chida We're not passed upon by the ST.
preme Court. namely that of conviction
without grand jury presentment.
The Attorney General has, however,
given notice of appeal in these cases.
and as the court has held that he has
a right TO appeal, Judge Gear will have
to consider that point or ignore the de-
cision of the higher court. If he orders
their release he will perhaps fix bail for
them. AT present the men are held I'M
der the old mittimusses which the pc
titioners allege is impossible, the court
k1,, h.aG
corpus, and his opinion in at least these
two cases having not been directly
passed upon by the Supreme Court
AS the prisoners are row virtually i'm
prisoned in direct opposition to the or
der of the court, some further lively de-
velopments may follow at the hearing
today.
UNITED STATES A PARTY.
United States Attorney Baird is made
a party to the Osaki habeas corpus case
filed before Judge Estee, as represent
ing the United States. He was served
with the papers yesterday, as was also
Deputy Attorney General Cathcart, for
the Territory. The writ is made re-
September 8. Judge Estee sent
for copies of the decisions in the insular
cases and will spend his vacation in a
study of the case, the status of the Ter
ritory of Hawaii. and other matters of
Importance which will be presented in
the case.
An appeal may be taken from his ac
ton in the matter to the Circuit Court
of Appeals at San Francisco, either by
the Territory or the petitioner so it
appears that the matter is likely to be
carried further, even if no appeal is
taken from the decision of the Supreme
Court of Hawaii
If Judge Estee discharges the pris
oners and the Territory should attempt
to re-arrest them under new warrants.
the decision of the Supreme Court
might operate to release them, as hav-
ing been twice in jeopardy, though on
the other hand it is urged that the
United States Court ruling would take
precedence, and the men might be ar
rested and tried on proper presentation
to the Circuit Court.
There is one man, All Quong, who is
held under the old mittimus and whose
case has not been presented for a sec
ond time to Judge Gear. If the other
men are discharged today he viii prob
ably seek his release on the same
ground
Wade is the man who pleaded guilty
to the murder of Steward Gillespie OF
the Australia, and Chida is one of the
X ahuku rioters serving twenty-year
sentence.
HALL. sPENDTHRIFT CASE.
Judge Gear heard the evidence in the
Hall spendthrift case yesterday morn
ing and at the conclusion said that ne
would give his decision today, intlmat-
ing, however, that he would comply
with the request of petitioner and ap-
point George Carter as guardian of the
boy, who from, his own admission mas
an uncomfortable mania for gambling
and drinking. William Hall is the
same young man who was trying to Sc
cure the cancellation Of a valuable
ease given to C. Winam, few weeks