The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-08-22
TN|XT DEVIL AND DEEP SEA
PECULIAR POSITION OF GEORGE
WADE.
Many Think He Has Rlsked His Neck
in Order to Secure Release From Life
Imprisonment.

from life imprisonment for murder has
George Wade jumped out of the frying
pan into the fire?
This latest case growing out of Judge
Gears ruling regarding criminal con-
victions during the Transition Period"
has aroused more interest than prob
ably any other not excepting probably
the first cases acted upon by the Judge
of the circuit court. In obtaining his
temporary liberty through the habeas
corpus petition Wade has now placed
himself in the position to be tried on a
charge of murder with the possibility
of being sentenced to death in case of
conviction.
The law problem which is presented
in the present matter is whether or not
the status of Wade is really affected
by reason of his not having been tried
on an indictment brought by grand
jury. The police authorities contend
that the fact that no indictment by a
grand jury was returned against Wade
does not in the least affect his standing
for the very reason that he voluntarily
confessed to the charge of murder and
was thereupon sentenced to life i'm
prisonment
There are some very peculiar circum-
stances connected with the case. Wade
was chief cook aboard the Australia
and about two years ago became intox-
icated and ran amuck on the vessel as
she was leaving port. He shot another
colored man named William Gillespie,
intlicting wounds from which Gillespie
died. Wade was arrested by Captain
Harry Evans and Chester Doyle after
Evans had shot Wade in the head with
a revolver. 1t was claimed at the time
that Wade was a member of the famous
Opium Ring" and he had taken UNI
bragg because certain members of the
crowd had defrauded him out of his
share of the spoils.
In view of this claim it was suggested
that perhaps some of the former asso-
ciates of Wade had now come to his
rescue and provided sufficient money to
employ an attorney to secure him his
liberty. According to the statements
of Wade, however, this surmise is not
correct.
Wade was originally defended by A.
l.. G. Atkinson. Upon the advice of
Mr. Atkinson Wade pleaded guilty to
the charge of murder and was senten-
ced to life Imprisonment. This DISPOSE
ton of the case ended Mr. Atkinsons
connection with the matter but since
the recent attempt of Wade to secure
his liberty Mr.. Atkinson has ex-
pressed the opinion that he did not
consider such attempt upon the part of
Wade eXpedient
Wades case is very different from
most of the others. Wade was consid-
cred very lucky when he was allowed
to plead guilty and save his neck. His
is not a case where witnesses have
scattered and where evidence to con-
Wet has been lost. The witnesses who
saw his crime are still here. But more
than that, Wade has confessed and the
evidence of his confession is plenary.
Indictment was
put upon trial and to which he pleaded
guilty is still in existence. The evil
dence is abundant that it was read to
him and that he pleaded guilty to it
thereby confessing it's truth and his
own guilt. Nor is the territory barred,
so it is claimed, from showing all this.
According TO Judge Gears theory which
Wade by securing release on habeas
corpus, has adopted as his own, the
proceedings at his former trial were
nothing, absolutely nothing, considered
as indictment and trial. But the in
dictment, though not lePal indictment
is a written accusation and his plea of
guilty, though no legal plea was a con-
fession of guilt.
One interesting thing connected with
the application for habeas corpus is the
identity of the people who are aiding
Wade in his effort to secure release
tuted the original habeas corpus cases
which secured the release of several
Japanese, he thought that his own re-
lease might be effected in the same
way. He sent for certain friends in
Honolulu he says and asked if they
would not aid him in getting his liber-
ty. They did not agree at that time to
do anything for him but advised him
to wait
Subsequently he was given to under
stand that they would raise a fund to
help him in securing his release. On
Tuesday his case was brought before
Judge Gear and the release ordered.
The defendant was Immediately re-
arrested and taken to the police sta
ton. Yesterday he was arraigned be-
fore Judge Wilcox on the charge of
murder.
Wade was interviewed in the prison
yesterday. He refused to disclose the
identity of his friends. In reference to
his case however he said: After the
first cases were brought by Mr.. Brooks
l thought that perhaps 1 might secure
my release by that means so l sent for
some friends in the city and asked If
they would help me to get free. They
said that they would see what could
be done for me. Several days ago l
was informed that the application to
the court was to be made for my re-
lease by Mr.. Andrade, the attorney. I
was therefore prepared when 1 was
taken before the court yesterday but
when | was taken before JUDGE Wilcox
again today 1 was surprised and I did
not know what to think about it. told
the judge that l did not understand
what it meant. My attorney had been
present in court the day before but
why he was not in court today I could
not imagine.
"As to the outcome of this present
case whether 1 will be sentenced to
death or not / can not say except that
there was no evidence offered at the
first trial to show that had anything
against Gillespie or desired his death
in any way. The whole thing started
by my getting under the influence of
liquor and l did not know what l was
doing. When the case came up at first
my attorney told me to plead guilty. 1
told him that l did not want to do so
but as / was Without friends and sup
posed that he advised me for the best