The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-10-25
BETWEEN TWO COURTS
Prisoners who VIII Have Had Two
Trials, Each Declared Void by one
Court.

COURT.
Preparations are being made To take
an appeal 10 the United States supreme
court from the decision given by Judge
Estee in the hdbeas corpus cases. At
torney General Dole did not change his
mind during his vacation, and he stated
this morning that the matter would be
taken up for a final decision.
THE question is a very important one
over which good lawyers differ" said
Dole, 'and it ought to be finally decided
by the higest court AT present We
have two contrary decisions by courts
mere that have no jurisdiction over one
another
The prisoners whose cases We're eff
fected by Judge Estee's decision were
all brought To the attention of the
Grand jury that finished work yester-
day with the exception of several
whose terms of Imprisonment are SO
nearly expired that it was not thought
worth while to give them new trials.
Many of the sentences that would have
been effected 10y the decision have al
ready been served out. In one case no
evidence could be found, there being
no witnesses available, and a burglar
went free, as far as the rest of his sem
tence was concerned.
In no case of an old offense did the
Grand Jury fail to find an Indictment.
Seven prisoners who are serving long
terms for serious offenses, six of them
murder i'm the first degree and the
other burglary in the first degree, were
indicted by the Grand Jury, and their
cases will appear on the November call
endar of the First Circuit curt.
The legal tangle is not over yet, how
holds that the old sentence was good. In
the event of "A new conviction the APP
peal would lie to this court, and the
higher court would be compelled, it is
to knock out the new trials
on the ground of twice in jeopardy"
With Estee issuing writs of habeas cor
pus because the old convictions were
void, the Supreme Court issuing writs
because the new convictions would be
illegal, it appears that the chance for
the prisoners going free i'm the end is
very good.
Deputy Attorney General Cathcart is
to try the cases and get new
convictions. What will be done when
the convictions are secured remains to
be seen.
The full list of indictments is as fol-
lows:
Chida Manzabaro. murder first de-
gree; Yamane MunChiro, murder first
degree; Osaki Mankichi, murder first
degree; Ihara Ichigoro, murder first de-
gree; George Wade, murder first de-
gree; George Bolabola, larceny second
degree; Young Ming, alias Ming Kong
larceny first degree; Furak Kasato,
murder first degree; Kailianu, larceny
second degree; Alexander Douglas alias
Snowfall, assault and battery; A.
Ahrens, mansaughter third degree; AL
bert Peyser, passing forged instrument
William Davis, assault: Dan McCold-
rick, larceny second degree; iona Davis
assault and battery; Monaole, malicious
injury; William Perry, Jr., malicious in
jury; Grant Carpenter, assault and bat
terry Lima Candell, larceny second de-
gree; Lua, larceny second degree, John
Brown, assault and battery; Jim Dun
can, assault and battery; Alfred Chris
Hansen larceny second degree; George
Wade, assault; NJ. Vasconcelles, assault
and battery; William Ester, murder
first degree; William Ester, assault:
Kaluna, burglary in first degree, (2)
indictments; A Lazarus. obstructing
railway Rapid Transit Co.; Jose Fell
ciano, burglary second degree, Moana-
lua, burglary, second degree; All Hin
alias Leong Hee, larceny second degree;
William X. Rathburn, perjury; Tim
oOoH larceny second degree, % indict-
ments; Charles Johnson, larceny second
degree; All Chong, Joy Hung, and Lee
Kin, larceny second degree; All YOk,
larceny second degree; William Kala-
hiki larceny second degree; Ukioshi
and Mort, malicious injury; Thomas
Kane, assault with weapon: Humane
kealoha, larceny second degree: Kali
paka, enbezzlement; Tom Aukai. alias
homoliilii, larceny second degree: An
tone Barboza, malicioIs injury. John
larceny second degree; Albert
irelck, larceny second degree.
In the following cases investigated
no bills were found:
kaaiwaiu, mayhem, All Chong lar
eeny Tom Auhai, alias Komoiilii lar
,eny second degree; All Sing. larceny
second degree; Aqua, mayhem; Kahoo-
null mayhem; William Perry Jr., mali
,lous injury; Tanaka. malicious injury;
Hanale KulikO, malicious injury: Kala-
nj and Kaeu, malicious injury: John
Waipa, malicious injury; Lono Kaia
XXI, forgery; Hao, malicious injury;
CHARLES David, larceny second degree;
Thomas Theodore Whitman, assault
and battery; A. b. Carter, assault with
weapon; Moanalua, burglary second de-
gree; David Hoopii, larceny second de-
gree William Lupina, larceny second
iegree; Manuel Pimental, malicious in
uryi Jose Mana Curt, larceny second
iegree.
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