The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-21
TWO MORE
CD FREE
Life Prisoners to
Be Turned
Loose.

W. liLS-SGIilCiSt OiIS
rapist, the other a murderer are the
latest beneficiaries under Judge Gears
jail-delivery order.
George Wade,3 who pleaded guilty to
the murder of George Gillespie, was
released yesterday upon application for
a writ of habeas corpus, and All Quong,
a Chinese rapist, will very likely be Civ
en- his liberty today unless, In the
meant time, the Supreme Court issues a
restraining order in the form of rul-
ing upon the appeal. .
Wade's application for release was on
the ground that he had never been in
dicted by a grand jury. and Judge Gear
after reading the petition remarked
that there seemed to be no dispute as
to the facts. He said that under his
former ruling as to the unconstitution-
ality Of convictions he would order the
release of the prisoner. Attorney Cen
eral Dole gave notice of intention to ap-
peal.
''The court knows Of no such proceed
ing" remarked Judge Gear, though it
may hear of it in a few days.
Wade was re-arrested upon leaving
the court house. His crime was COM
mitted in the early part of 1899. He
was employed upon the steamer Aus
tralta as chief cook, and while the YES
sci was about a mile from port he be-
came involved in an altercation with
the steward, George Gillespie, over the
division of proceeds from the sale of
opium, so 1t is alleged He drew a re-
volver and shot Gillespie dead, and the
officers of the boat finally accomplish
ed his capture after shooting the des-
perate prisoner in the head. Chester
Doyle, who had been aboard the boat
in a search for prisoner, was one of
the witnesses to the shooting. There
was no doubt as to the guilt of the
man, and he pleaded guilty to the
charge of murder in the second degree
before Judge Stanley, who sentenced
him to life imprisonment.
All Quong, the Chinese rapist, will be
produced in court this morning, on a
| writ issued by Judge Gear yesterday,
upon OIL attorney II NJ
Brooks. The crime of this man was a
particularly hetnous one. 1t was com
mittedaon Hawaii, and he was sentenc-
| ed from Hilo year and half ago, for
life. Mr.. Brooks has not as yet out
| lined the ground for his presentation of
the case, but twill be in accordance
with the previous rulings of Judge
Gear.
THE KING ESTATE IN COURT.
During the noon session Judge Gear
heard the application of the widow of
| the late James King for an increase in
the monthly allowance to her children.
She is now getting but six dollars each,
or thirty dollars for the support of all
| five minors. Mrs. King was put on the
stand and testified that she had been
| spending from 800 to $3.50 per month
out of her own income for their proper
maintenance, and she thought the lands
should be leased so as to bring in a
larger income. She said that she had
asked the guardian for an increase, but
he had told her it could not be raised
as the court had ordered that but thirty
dollars a month could be paid to her
1
and unable to bear the extra expenses
| of her children's support. She admit
ted that the income would not allow
an increase of $3.50 per month but did
not agree with the statement of the
court that he would not allow the prin-
cipal to be molested She said that the
| estate did her children no good; she
wanted the children to have an educa-
| ton; lots Of men started life without
an estate. She further argued that if
the boys had an education they would
have no need Of The estate when they
became of age.
| VIII E. Fisher testified to the value
of the real estate in question, and then
| Mr.. Lightfoot was put on the stand
Mr.. Magoon is attorney for Mr.. Light
foot, and his advice came near getting
1.-The latter into trouble with the court
Mr., Lightfoot, il appeared from his
own testimony, had been receiving the
share of the absent heir, James King,
who is of age, and re-investing 1t with
the funds of the other children. King
when last heard from was in South
Africa and had received no share of his
| fathers estate. The court questioned
the witness as to his action in rein
vesting the money of the absent heir
for the benefit of the minors, and sai6
that he had no right to do this. Mr.
Magoon replied for him that he die
thave as much right to do this as any
one, and that the court had no author
tity over the fund. as the administrator
had been discharged. The court replied
that he did have jurisdiction over the
funds of the absent heir, and would or
der the money paid into court. 1t Their
developed that Mrs. King had never
been discharged as administrator anc
the money was ordered paid to her, te
be held subject to the order of the alb
sent heir if found. It was shown that
1.-The estate is worth $4,000 The hear
ing of the case will be resumed this
lafternoon.
MR.. DAVIS COMPLAINS.
Attorney G.. A Davis complained td
the court yesterday that he had not
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