The Hawaiian gazette., 1901-09-24
INDICTMENTS RETURNED.

/ The grand jury made a partial report
yesterday at noon bringing in six in
dictments. Three separate charges are
made against each of the four Kahuka
rioters-Yamane Nenchiro, Chida Man
zaboro, Osaki Mankicho. Iharo lchgo-
ro. Each of these men is charged with
murder in the first degree on three diff .
ferent indictments, each time a differ
ent Chinese being named An indict-
ment for murder in the first degree
was also returned against George
Wade. the negro who killed Gillespie
steward on board the Australia.
An indictment was also brought
against George Bolabolo, a native, on
the charge of larceny in the second
degree. He was brought into court in
the afternoon and entered plea of
guilty. He was charged with stealing
three hundred pounds of coal from the
United States government, and In view
of the offense, Mr.. Davis asked the
court to be as lenient as possible.
When asked if he had anything to say
why sentence should not be passed
the prisoner offered to apologize, and
said he was hungry and in pilikia,
which was the reason he stole" The
court imposed a sentence of ten days
in Jail.
The Kahuku prisoners were then ar
raigned and the indictment read to
them in one case. They all refused to
plead, upon the advice of Attorney
Brooks, who is defending them. Wade
also refused to enter a plea TO the in
dictment.
Mr.. Brooks may make another at
tempt to secure the release of the ka-
huku rioters on writS of habeas cor
pus. He may claim that they were
placed in jeopardy once already, ac-
cording to the decision of the Supreme
Z N.tt. ,rlrt l,,.t L,l -,
order restraining the Circuit Court
from allowing another trial. 1t is also
alleged that the Indictment is defective
for several reasons. One claim Is that
they can not be indicted two years
after the commission of the crime I'M
der section 615 of the penal code, but
Judge Gear does not believe that that
clause holds good in these cases. The
section is as follows:
"615. In all cases of offenses against
the laws Of this Territory, triable
only by a court of record the accused
shall be arraigned and prosecuted by
an indictment by "a legal prosecutor of
the Republic as soon after the commit
ment of the offense of which ne Is ac-
cused as may be expedent; provided,
always, that the presentation of an in
dictment against an accused shall not
be deferred beyond the term of the
court having jurisdiction of the alleg
ed offense next succeeding the com
mitment of the accused for trial by a
magistrate having competent jurisdic-
ton thereof"
Attorney Brooks does not believe that
the men can be convicted even If they
are brought to trial, as the witnesses
are very much scattered. Another Sc
ries Of habeas corpus fights may be
INDUCED in by the attorneys over
these prisoners, who have been indict-
ed for a second time.
CLEARING THE CALENDAR.
Judge Gear made a decided clearing
out Of the calendar yesterday morning,
and II now appears that it was not
in such congested condition as was
the general notion. When court was
convened yesterday morning not
single case was ready for trial, and
there was a general skirmishing among
the attorneys when the court announc-
ed that all cases marked ready, which
were not ready, would go to the bot
tom OF the calendar, 1t developed also
that some twenty or thirty Chinatown
insurance cases were likely to be
thrown out upon decision OF the Su-
preme Court. Judge Stanley, who Is
counsel in a half dozen of these insur-
ance cases. announced that he would
dismiss them, and two were ordered
stricken from the calendar. The court
announced that hereafter five cases
must always be ready for trial every