The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-07-25
FREEDOM FOR CRIMINALS dole GOES AFTER GEAR.
MURDERERS BURGLARS, RAPISTs
AND THIEVES,
w. d. Hamilton, Under Sentence for
Manslaughter, is Freed-Jan Delivery
of Tough Characters.

The following list of men declared
guilty of murder, rape, arson, man
slaughter larceny and assaults with
deadly weapons after August 1898 and
before the Organic Act took effect, may
possibly now secure releases from oahu
Jail, under the decision rendered yes
terday by Judge Gear. This morning
w. ID. Hamilton, the first one oR the
list, secured his release, by habeas cor
pus proceedings brought by George A.
Davis He shot and killed oneA. Davis
in a drunken row, on June Is. 1898, and
was sentenced to five years. The list
shows the names of the prisoners, the
crimes and date thereof, the sentence
and the Judge who passed sentence.
w. D. Hamilton, August "a, rs, man
slaughter Ind. degree, . years. Judge
Stanley.
Ben kupihea, rape, March 8, 1899, 8
years; Burnis.
Ihara Ichigoru murder first degree,
May 22 1899 to be hanged, committed
to five years; Perry.
Osaki Marukichi and Chida Manga
buro, May 22, 1899, manslaughter, 70
years each; Perry.
Yamanai Niuchlro, May %, 1899, man
slaughter in second and third degrees,
10 years; Perry.
Gengi, assault with deadly weapon,
August 10, 1899, Z years; Stanley
Yong Look Nee, murder second degree
December 8, 1899 life; Kalua.
Lum Ko, larceny first degree, Is
months, March 49, 1900 Perry
Nalope, arson May 8, 1900, years
Stanley.
Kaluna, burglary first degree, May
Ia 1900 Is years, Stanley.
William Ester, manslaughter, May 25,
1900, 20 years; Stanley
Lono Opio, rape, June s, 1900, years,
Kalua.
All Quong, rape, January 12, 1899, life;
Wilder
Wong Chew Hung, manslaughter first
degree, January II, 1899, 10 years; Will
der
Huekoni, alias, Kaie, burglary. second
degree, April 8, 1899. years; Wilder
Hanalei Napua Pahee murder second
degree, October 6, 1899, 20 years; Wilder
Lo On Pau, burglary, second degree,
October 1S, 1898, ~ years; Stanley.
Hamada, burglary first degree, April
D, 1899, years; Wilder.
Makihara Katsutaro, manslaughter
second degree, July 1S, 1899, 7 years,
Wilder
Lee Lang, larceny first degree, Octo-
Der lS, 1898, year; Stanley.
Chow Yuen Toon, alias Papaaloa, as
sault with deadly weapon, March S,
1900, years; Parsons.
ANU Sang, larceny first degree. Oct
IL, 1888 years; Stanley
haluahine, rape, January 6, 1899, 8
years Wilder.
Attorney General Dole appearing in
court at noon today to oppose the liber-
alton of Hamilton, made a further pro-
test against the prospective Jail de-
livery. The result was a more empha-
TIC declaration than ever by the Judge
that ne had no option, under the law
as he held II to be, but to release all
who made applications under circum-
stances similar to those in the Goto,
An De and Hamilton cases. Dole ask
ed for postponement of the cases, until
ne could get ruling from the Supreme
Court.
The Attorney General said that a
general Jail delivery of men held for
murder, rape, arson, burglary and
other serious crimes, was threatened.
and that the court assumed a tremen-
dous responsibility in turnir~ such per-
sons loose on the community. He in
sisted that the Territory had the right
of appeal declaring that the matter
was one which the highest court in the
territory should pass upon. Judge
Gear stated that he was not bound by
decisions of the Supreme Court of Ha-
wall If they were contrary to decisions
of the Supreme Court at Washington
in criminal matters.
This court assumes no new respon-
slDility," said Judge Gear, merely
sticking to the position it took when ii
look up the matters. 1t consented to
wait until an official copy of the deci-
sions from Washington were received
and then it decided the matter, assum-
ing all responsibility.
The court knows of no general iail
delivery of which the Attorney General
speaks. 1t does not appear in the evil
dence. The court finds that this de-
fendant was not given his right to be
held innocent until he had been declar-
ed guilty by twelve jurors, and belieV- |
ing that to be the case, this court has
no option, under it's oath before Goo |
to support the laws of the land, but to !
order his release.
This court is. as it has stated most
emphatically of the opinion that all
legislation of the Hawaiian Islands |
to the constitution of the |
United States was most clearly abro- |
gated and annulled by the Newlands !
Resolution. Believing this, the court
can only believe also that the Supreme
Court of this territory would hold the !
same view, If the matter should come |
before that court
THE court would not yesterday con- |
sent to allow an appeal, believing that |
there is no law under which IL can do +
so, and would not hold the prisoners. |
II cannot mold the prisoners by post |
poning their cases, which would be i'm |
effect what 1t refused to do yesterday. !
The law is obligatory upon this court |
to discharge anv person whom 1t finds |
to be Illegally imprisoned, and ii win |
therefore order the release of this de- |
fendant."
Hamilton was called forward and told /
that the court had found that his inn /
prisonment had been illegal and that |
he was therefore free. He has been a /
trusty in the prison and has been driver /
of the police patrol wagon. High Sher- |
iif Brown was present when the pris- |
oner was released.
"The court is sorry that IT cannot |
take back the time you have been un-
lawfully held in prison." said JUDGE /
Gear, Hamilton left the court a free |
man.
Attorney General Dole proposes TO |
die in the last ditch He will make |
every move. in behalf of each case, that
is possible, but as long as it is held |
CONTINUED to page eight)