The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-20
Al d ASKS
new WRIT.
Another Demand
Made for Habeas
Corpus.
WILL SUSTAINED
BY THE JURY
Grand Jury Begins Work on the
Kahuku Riot Cases Gear Fol-
lows Estee's Ruling.

A belated habeas corpus case was
heard yesterday afternoon by Judge
Gear in the third application of All OF
for his release. The petitioner is the
Chinese who is serving a sentence for
burglary, and who has been released
several times on writs of habeas cor
pus because of transition period con
viction. He was also one of the men
whom the Supreme Court held was le-
gally convicted, but who if Judge Es-
tees decision is followed is entitled to
his freedom.
Judge Gear yesterday announced his
intention of following the Federal court
instead of the Supreme Court, and with
this in mind Attorney Brooke yester-
day morning applied for writ of
habeas corpus which was made return
able at four o'clock. The petitioner An
OF he alleges is illegally confined by
virtue of a rnittimus not charging him
with crime, and having been pre-
viousIy discharged by the court on writ
of habeas corpus.
The case was called up a four o'clock
High Sheriff Brown appearing at that
time with the prisoner. Mr. Brooks ar
gued that the man was entitled to mis-
discharge on the grounds already set
forth High Sheriff Brown in reply
asked that the case be continued until
Cathcart was not able to be present,
and he had not been given sufficient
notice to make the return. Mr.. Brooks
replied that he was willing to let the
case go over provided that the prison.
er be released on bail, as there was no
intention on his part to run away, and
he had previously been out on bond Of
$1,000. This was agreed to by Mr.. Brown
and All Oh was released to appear in
court at twelve o'clock today.
BEFORE JUDGE LITTLE
The trial of Ropert VS. Kaulia was
on all day before Judge Little. In the
morning the court and jury visited the
premises in dispute which are located
at Waikiki. The case is likely to take
the entire week.
GRAND JURY AT WORK
The grand jury was sworn and in
structed at the opening of court yes
terday morning. and Immediately be-
gan its sessions. Judge Gear instruct
ed the jury at great length reading
principally from a similar charge made
by the late Chief Justice Field while he
was a circuit judge.
!,
tlemen understand what your duties
are, though a grand jury is something
of an innovation here" said the court.
THE grand jury is an important body
and you viii have important questions
to consider You are called together
Lchiefy because of certain decisions by
virtue of which prisoners now confined
in Oahu Prison were released, and who
| ] had decided were Illegally restrained
of their liberty 1 was reversed by the
Supreme Court, but after Judge Estee
| had decided that these prisoners We're
| Illegally detained. not having been in
dicted by a grand jury or convicted by
a jury of twelve men, it had the effect
+, of giving them their freedom again.
| Under this construction of the United
States statutes by the United States
| District Court the Attorney General
and Deputy Attorney General will bring
before you the cases of all persons con-
victed without proper indictment OF
unanimous jury. You are an in
quistorial body Also and may examine
! into the conduct of the prison. insane
asylum or into the conduct of any pub
| lie office I know of no abuses in any
office at this time. but if any are
brought to your attention it is your
duty to examine into them
You are to remember also that you
are responsible only TO this court for
your law, and not to the Supreme
| Court. Two former grand juries have
seen fit to take advice from the SUI
/ preme Court, and it was necessary to
| discharge one of these juries on that
! account. You will then observe that
| you are to take your law only from
| this court, and not to inquire of any
person, even the chief justice of the
! Supreme Court has no right to influ-
! ence your action. You viii probably
/ have other cases presented to you by
| the Attorney General. but l believe
! your principal business will be the
bringing of indictments against the
persons now in jail who were convict
! ed of infamous crimes. during the-tran-
sition period.
Prince David was appointed foreman
of the grand jury, though he modestly
referred the court to some one who
had had more jury experience. At
| torney Davis, who was Wednesday ap-
pointed a deputy in the Attorney Gen
erals department, stated to the court
| that he could not conscientiously
prosecute the cases of the men whose
appeals he had argued for the defend
ants before the Supreme Court, and
! he was excused on that account. The
cases of the Kahuku rioters We're con-
| sidered yesterday by the grand jury
High Sheriff Brown acting as prose
cutor Tt is said that three indictments
have already been found by the grand
jury. The jury is composed Of Henry
Waterhouse. Charles T.Wilder. Charles