The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-22

PROCEDURE
Cost Nearly $500
toReIease Capt.
Wallace.
THE PEARL,
HARBOR CASES
Capt. Sodegren Is Finally Allowed
to Go to prison-Court
of Appeals.


report yesterday, returning mo bill' in
the case of Captain Wallace of the
Sea King who had already been releas-
ed from custody. With the report OF
the grand jury came also the release
of the witnesses against Wallace. who
had been held in Jail for over four
months, in order to be present when
called upon to testify. The prosecution
of Captain Wallace has been very ex-
pensive proceeding for the United
States government. The eight men who
had been held as witnesses drew a dol
lar per day for the time they have been
imprisoned. Not one of the men re-
leased yesterday, but received war
rant from Marshal Hendry for at least
a hundred dollars, and the total amount
paid to these witnesses was 1882 This
does not take into account the expense
the government is put to for their board
and lodging during their vacation in
prison. This is figured at the rate of
fifty cents per day, and there is due
the Territorial government on this ac-
count SAL in the case of Captain Wal
lace alone.
In the Mcdonald and Baker cases the
number of witnesses. is just as large,
and the expense of the proceeding, even
if neither man is indicted, will amount
to over $1,000. 1t will easily cost the
United States government over So, DOC
for the prosecution of the sea-captains
last arrested, not taking into account
Jurors fees, etc.
sODEGREN GOES TO JAIL.
After a wait of over two weeks Cap
tain Sodegren was finally allowed to &C
to prison yesterday and serve out the
balance of his six months sentence, for
assaulting sailor on the bark Hesper
His attorney, S. NJ. Ballou, appeared
in the Federal court yesterday morning
with a remittitur from the Ninth Cir
cult Court of Appeals at San Fran
cisco, and Judge Estee accepted the
dismissal of the appeal and ordered the
defendant delivered to the warden OF
Oahu prison.
Captain Sodegren under the courts
order must serve six months minus
fifty-ffve days. He is allowed the
eighteen days from October Srd, al
which time he returned from San Fran
cisco and offered to begin serving his
sentence. His surrender could not be
accepted at that time because as far
as the local court knew, the appeal was
still pending in the court of appeals
and until notice of it's dismissal was
received, the case was beyond the juris-
diction of Judge Estee. Captain Sode-
gren is also allowed the thirty-sever
days already served, at the time ne
was sentenced, when arguments were
had for admitting him to bail, and the
appeal papers were being perfected
Consequently he has but four of his six
months sentence still to serve.
THE PEARL HARBOR CASE.
Acting United States Attorney Dunno
has filed his bill of exceptions to the
ruling of Judge Estee in the Pearl Har-
Dor cases, allowing the Bishop Estate
a jury trial The exceptions are filed
for use in case an appeal is taken
which seems hardly likely, unless the
jury should assess the government out
of all proportion to the value of the
land taken. The jury trial viii go only
into the question of values as there
has never been any dispute of the right
of the United States to take the land
for defensive purposes. Mr.. Dunno has
written to the head of the department
for instructions regarding the suit
against those defendants who have al
ready settled or compromised their
cases with the government.
COURT OF APPEALS.
United States Clerk Mailing yesterday
received the records in various appeal
cases which were heard by the Ninth
Circuit Court of Appeals at San Fran
cisco. He also received a number OF
the new court rules of the appellate
court, and the docket for this term.
Among the cases docketed was that OF
the Schooner Robert Levers VS.. Kama
ka Kekauoha. which was to have been
heard October 18th.
COURT NOTES.
Judge Estee yesterday discharged J. A.
Butterfield from bankruptcy.
The grand jury considered the cases OF
Mcdonald and Baker yesterday.
The case of the United States vs.. Roo
ney. the hackman charged with interior
ing with the mails. is set for today. r.
NJ. Brooks appears for the defendant
A dfscontinuance has been filed In the
case of II. Hamano Us. Kahachi Yama-
mura.
SAILOR TAKES EXCEPTIONS.