The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-02-19
BI I I ING'S
CASE.
Arguments Heard
On Habeas
Corpus.
DECISION TO BE
GIVEN ON MONDAY
Spirited Speeches of United State.
Attorney Baird and E. P.
Dole.

rLOODGATES of oratory We're OPEN
ID ed in the United States Circuit I
Court yesterday morning and con-
tinued until late in the afternoon, |
the principals being United States Dis
trict Attorney Baird, Attorney General
Dole for the Territory and c. Q. Bit
ting, who is petitioning Judge Estee
on habeas corpus proceedings for his
release from a ten days sentence in
the Oahu prison. After talking law,
authorities, technical points and ap-
pealing to the softer side of the Judges
nature by relating the terrible punish
ment which Attorney Biting will have
30 undergo should the Judge refuse to
allow the petitioner his freedom, Judge
Estee announced that he would take the
| case under advisement until Monday
next, when he would give his decision.
AS Biting is out on $3.50 bail, it will
be all the same to him whether the
Judge decides then or later. The court
| spectators were somewhat disappoint-
ed at not hearing decision yesterday
Although the affair under consideration
is a comparatively slight one, yet the
tprineiple involved means much to the
tcitizens OF the Territory.
Billings counsel, George A. Davis,
was not present in court yesterday
morning and the petitioner appeared in
his own behalf and asked for a contin-
luanee In granting it Judge Estee said
If his counsel did not appear in the aft
Iernoon he would appoint some one to
defend the petitioner. Biting said he
would argue his own case.
At 2 o'clock Biting began his argu-
Iment He threw several legal bouquets
lat the High Sheriff, Jailer Henry and
Others of the Territory's police officials
but despite this fact he said that even
though he had a mosquito netting and
ate at the jailers own table, yet the
stigma of disgrace in being committed
to the Territory's penitentiary was just
as great as though he had been com
mitted for graver offense. The ques-
ton was the illegality of the Circuit
Judges action. There should be a
suitable place of confinement for such
prisoners as he.
st have not word in contravention
to what the High Sheriff has said of
the prison arrangements here" he said.
HE is a gentleman, whose word is as
good as his bond because I know from
my own personal experience that he
tells the truth always, but in this case
the petitioner was sentenced to undergo
punishment in cell at the police sta
ton or to go out into the yard and as
sociate with DRINKS, persons infested
with vermin, aye, worse than that, af-
fiicted with horrible diseases. 1t is con-
| trary to the Constitution of the United
States that a man should be subjected
to cruel and unjust punishment.
mo man sentenced for contempt OF
court, such as I have been, should be
incarcerated in a cell to associate with
men infested with vermin. The High
9 Sheriff-no man could have been more
!. Igentleman1y than he to the petitioner
is allowed to give the choice of tive
evils, SO that sooner than go and stay
Q in that sinking hole at the police sta
ton I had rather GO to the peniten
tiary. Even though your petitionel
may have had the liberty of a mosquito
netting and can eat at the same table
with the jailer, yet there is the disgrace
and the gnawing pain. There is some
thing that appeals to your honor, tn
High Sheriff and any one who has re
finement of feeling. which will not al
low you to see this disgrace commit
ted Further, I had the right to a tria
before conviction
|. District Attorney Baird made an elo
quent appeal in behalf of the petitione
B and cited many authorities in justifica
!, ton of his contention that the petition
er should be granted his freedom. II
said the case appeared to him to b
one of vastly more Importance tina
appeared on the face of the matter. /
was far-reaching because nowhere els
in the United States, in no State o
Territory, did such state of affair
:. exist as in the Territory of Hawai-
Throughout the length and breadth G
the land each State and Territory ha
its penitentiary to confine persons VIII
had been sentenced to imprisonmen
for murder for life and for long term
of years for grave offenses, and non
were sent except they be found guilt
by Indictment after trial by jury an
after solemn verdict was rendered b
the courts.
- There are in all these places intel
mediate places for incarcerating a
persons who are in contempt of cour
He admitted the court had no right
go behind the order of the Circu
Judge and whatever illegalities existe
must be proven to have arisen there
after. He contended that the coul
had Jurisdiction and that the petition
er was being punished in a cruel an
unjust manner. He said Oahu jail wa
not jail but a prison for felons an
er the petitioner was subjected to cru
punishment and should therefore
discharged. Even though palae
were erected within the four frownin
prison walls and the petitioner lncal
Grated therein, yet the ignomin
would remain the same and there Woul
be a stigma upon his reputatio
Tongues of evil rumor would folio
him about and no amount OF expiahs
ton could remove the stigma
Col. Baird wished it understood ths
- he was not insinuating there had bee
. injustice intended in this case, o'
There was an unfinished condition
IL things In the Territory and he nope
that the powers that be would rectii
the wrongs here.
Attorney General Dole contende
that Col Baird had not cited any al
,,ai,,f and fharaforp did NJ