The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-02-14
LIVELY TIMES IN COURT THIS
MORNING.
Judge Estee Postpones Habeas Corpus
Matter to Tomorrow to Give Attorney
Time to Prepare.

One of the most interesting sessions
in the history of the United States dis
trict court for Hawaii was held this
morning. The atmosphere of the court
room was whacked with sharp repartee
every few seconds and interest was
screwed to the highest key by the ag-
gressiveness of an attorney and the
obdurateness of the court. Ever and
anon there would occur a sputter of
giggles from the spectators gallery as
a pronounced attack or a fatherly, ad-
visory answer was given in an anus
ing way.
The case was that of c. C. Biting,
plaintiff in a contempt case. Yester
day Biting rolled the sensibilities of
Judge Humphreys and was given ten
days Imprisonment. He claimed to
represent Ben Fabian, police court
clerk, who was being referred to by
Humphreys in a special charge to the
grand jury. While not connected with
this story, it may be here stated that
Zablan says Biting was not his at
torney at all and had no right to in
terfere in his behalf
Yesterday afternoon Lawyer Davis
succeeded in getting the signature of
Judge Estee to petition for habeaS
corpus and had the prisoner arraigned
this morning. Mr.. Davis appeared for
Biting; Attorney General Dole an
nounced that he represented the High
Sheriff and Jailor Henry; District At
torney Baird appeared as adviser to
the court He was summoned by tele-
phone from Waialua yesterday after
noon and arrived this morning. Dur
ing the proceedings, which are below
given, Mr.. Davis exhibited an unusual
amount of fire He showed a deep in
terest in the case of his client, how
ever, and made hard fight as long
as IL lasted He was handicapped in
not having had time to prepare his
case, and was unable to put his hands
on the authorities which he held in
mind. 1t was for that reason that a
postponement of the case was finally
allowed until tomorrow morning at 10
o'clock.
| During the argument Mr.. Davis fire.
duently interrupted the court and the
court frequently interrupted Mr.. Davis.
In his various little side talks Judge
Estee outlined his opinion to an eX-
| tent that one may forsee the decision
that is coming. Everything hinges on
whether Mr. Davis can prove TO the
| court the unconstitutiOnality or the
! confinement of a contempt prisoner IN
Oahu Jail or Oahu prison or whatever
it is. This has not yet been done. Un-
! less this point can be shown, Mr. BIZ
ting will stay right where he was this
morning so far as the United states
district court is now concerned.
shortly after 10 o'clock Judge Estee
called the Biting case. George A
Davis answered for petitioner; DISTRICT
| Attorney Baird as intermediator Tor
the court and Attorney-General Dole
for High Sheriff Brown and Jailor
Henry. At the suggestion of the court
Mr.. Davis read the petition for habeas
corpus and the answer of the High
Sheriff.
Judge Estee remarked that he would
only consider the question of constltu'
tionality; he would not consider the
causes that led the judge of the FRS
Circuit to sentence Mr.. Biting to i'm
prisonment and desired testimony priol
to argument.
Mr.. Davis made a fling at Oahu Jail
characterizing it as prison in Whlci
convicts are confined, and volunteered
to prove this statement.
High Sheriff Brown was called. III
said that persons convicted of botl
felonies and misdemeanors were in TN
prison, but the classes of prisoners wer
separated in the Jail and worked II
different gangs There was no statut
separating prisoners, and the work o
separating was merely a rule.
In reply to Attorney General Dol
the High Sheriff stated that persons
convicted of felony, misdemeanor o
, awaiting trial were kept separate, IN
! blue clothes given to misdemeanor prls
, oners was so given to make II othe
+ than a distinguishing suit,
Mr.. Davis objected to a question as t
the treatment of Mr. Biting, but wa
overruled. He continued to say that n
, had no objection to the treatment re
: ceived at the hands of the High Sherll
/ and jailor
! In reply TO questions of the court
4 Mr.. Brown stated that Mr. Biting wa
e being treated as well as could be un
S der the circumstances. He told VIVA
conVeniences were allowed MI Blttlht
Mr.. Davis protested that there wa
no complaint as to treatment. IN
S point was that Oahu Jail was conVlC
. prison, and that the law expressly pre-
= Vided that persons confined in prlso
e must first be regularly convicted b
jury and sentenced.
Mr.. Brown was excused and NJ
: Davis began his argument. For man
. minutes he presented authorities
show that while wide discretion wa
given judges in contempt matters II
law provided a restraint and 1ude
could not go too far. The Unite
States was very jealous of the righ
of it's citizens and took cognizance
all cases of abridgment of liberties
rights.
He read authorities to show that
California and other States conteml
prisoners could only be confined in Il
country jails. The speaker had new
heard in England Australia, CanaC
or the United States of case of ma
convicted of contempt to be imprison'
with murderers and other criminals.
"The first point your honor will ha'
to decide is is Oahu Jail or prl
on?'"-
Here Judge Estee interrupted IN
Davis, this is a court and not legisl
a ture. 1t may be that felonious al
. misdemeanor prisoners are confined
gether i'm oahu jail but l can't he
that The Legislature has so fixed
and the remedy Is i'm their hands
course q Bastile will not be allowed
the United States; but even If
thought 1t a Bastie-and | do not thi
Sol would have to refer you to I
I Hawaiian Supreme Court for relief,
this is a Territorial matter and cot