The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-04
'CAN'T SERVE
SENTENCE
Capt. Sodergren
Must Stay Out
of Jail.
THE TIME WILL
COUNT ANYWAY
Briefs Filed by Both Sides in
Pearl Harbor Gases Court
Rule Changes.

per, made a desperate but unsuccess-
full attempt to break into Oahu prison
yesterday. A few months ago he was
spending valuable time and money in
an effort to keep on the outside of the
prison walls, while now he is doing
all he can to be allowed to go to Jail,
and serve the sentence of six months
imposed by Judge Estee for viola
ton of the United States statutes re-
lating to cruelty upon the high seas.
Yesterday Captain Sodergren appear
ed in Federal Court with W. A Kin
ney, his attorney. and asked that he
be allowed to serve the sentence from
which he had taken an appeal to the
Circuit Court Of Appeals. Judge Es-
| tee told him that the case was now
entirely beyond his Jurisdiction, and
he could not be allowed to go to pris-
on until the proper papers had been
forwarded him from the San Francis
co court.
! Captain Sodergren il in court, re-
marked Mr. Kinney Immediately upon
the converting of court yesterday morn
| ing, land desires to serve his sentence
Attorney Frank, of San Francisco, who
represented Captain Sodergren before
| the Court of Appeals informs me that
| he could begin serving now and have
| his time count. The appeal will be
dismissed, but this could not be done
until October 7th, when the court con-
venes. In the meantime the defendant
desires to begin serving his sentence -
Have you looked at the law, and do
you find that this court has jurisdiction
after an appeal has been perfected p
questioned the court
Under our laws the court has nc
jurisdiction but, as ] believed Mr.
Frank was well verse0 in federal pro
cedure, 1 thought perhaps he had
some ground for the statement
THE court can't legally send him Il
prison to serve out his sentence unit
remittitur is sent to this court from
the Court of Appeals ! suppose tn,
defendant would just as soon serve
out his sentence out Of Jail as in pris
on. I cannot make out a bench war
rant for his arrest until the prope
papers reach me from San Francisco
1 understand, however, that Captain
; Sodergren, does surrender himself to tn
; court, but the court is unable to accep
that surrender I shall direct tn
clerk to note the fact that he was her
on this date, ready to give himsel
; up, and if the law permits, the sen
tence will begin from Today"
The defendant is perfectly Willing
{ to do all in his power to assist i
} serving the sentence, and will appea
{ here every day and give himself UP t
the marshal" said MI Kinney.
! "Of course he must be ready to be
I gin serving his sentence the day tn
! remittitur gets here, replied the cour
If necessary, the bondsmen wi
! come into court and surrender tn
prisoner"
In that case he would have to 6
to prison in any event" replied tn
= court.
/ IhlS point was not IGTIner pTeSSe
7 and the court directed the clerk
note that Captain sode gren had give
2 himself up, but that the court had I
! control over the matter. AN appeal ha'
7 ing been taken. In conclusion, he sal
/ Captain Sodergren has given himse
Z up, and it is not his fault that he cal
! not be put in Jail Immediately
z Attorney Kinney agreed to write
q San Francisco by yesterdays steame
- and get the appeal dismissed. and ha'
the papers sent here so that the ca
tain might begin serving his senten
be as soon as possible. From the I'M
to nation given by the court, the tir
10 of Imprisonment will be counted fro
l. yesterday