The Hawaiian gazette., 1901-02-15

Robert Lishman, a milk dealer filed a
suit for damages against the Hawaiian
Gazette Company yesterday for the pub
llicat on of an editorial in the Advertiser
on January 90 which he says has in
jured him to the extent of $4,000.
/ ~ HARLES CARROLL BITING,
N the attorney committed to oahu
I " prison for ten days for contempt
of court in the First Circuit
Court, was released yesterday after
noon on habeas corpus proceedings up
on filing a bond in the sum OF $3.50
The hearing of the application of the
attorney was brought before United
States District Judge Estee at 10
O'Clock, at which were present Biting s
counsel, Attorney General Dole, u. $.
Attorney Baird and members Of the
| bar At the conclusion of the hearing
Judge Estee ordered Biting released
on bonds.
For several hours Biting. accompan-
led by Chester Doyle who had been
detailed to guard the attorney, made
the rounds of his friends and finally
secured two bondsmen. Then came
long waits at the United States clerks
Office to have Judge Tstee approve the
bond. That official declined to approve
of any bond, saying it was not within
his province to do so, but rested with
the attorneys. Shortly after o'clock
| an arrangement was made whereby
Biting was allowed his freedom, to APP
pear again in court at 10 o'clock this
morning.
Yesterdays proceedings were COM
menced with the reading of the petition
! for habeas corpus, followed by the
reading of High Sheriff Browns an
swer, which states that he is lresponsi-
BILE for the proper care and custody of
Territorial prisoners throughout the
/ Territory of Hawaii and for the GUS
tody of all persons held for trial before
the courts of said Territory.
On February 13. 1901. at 1880 o'clock,
he received mittimus from the First
Circuit Court directing him to impriS-
on C. C. Biting for the term of ten
days, and that in compliance with the
order Biting was conducted to the
Oahu jail or prison.
Said Biting. he continues while con-
fined in Oahu Jail. is not confined in
oahu Convict Prison"
He said that three separate and dis
tinCt portions of Oahu Jail are set apart
for persons convicted of and serving
sentences for felones: another portion
for the confinement of persons serving
sentences upon conviction of mlsde-
demeanor or held for non-payment of
fines, and third portion for the con-
fnement, without labor. OF persons held
for trial and detained by order of
court, as in the present instance.
Biting, at the time the answer was
filed, was held in confinement in the
last mentioned portion of oahu Jail or
prison. separate and distinct from any
NJ the prisoners convicted either of fell |
Dny or msdemeanor The facilities for
caring for Attorney Biting in n suit /
ahle manner We're much better in the |
prison than Mt the police station, or at .
any other place within the official [
'harge of the respondent. and comforts .
and privileges We're provided for him
such as he could not be provided with
II any other place of detention.
Judge Estee declared that he was not .
sitting to consider any but constitu- =
ional phases OF the matter and that
acts as to the conduct of the prlson
n concerning the order of the Circuit
Judge would not be heard Fittings
counsel desired to know whether there
vas any lhN IlpNlNlNt l'I lUt StElftu-
ion Of prisoners and asked the Attor-
ney General to admit that there was no
aw to that effect, Mr.. Dole resnond-
ID that the answer of the High sheriff
covered the question and Nv did not
'cel called upon to admit ANYTHING.
The High Sheriff was placed upon the
'tand and quizZed as 10 what DISPOSE
ion had been made OF hitting and that
,nCer replied In accordance with the
written answer flled. His room con-
aimed n mosquito netting and under
he circumstances he thought he was
'orv comfortable
Fittings counsel showed he was not
cndv with the case, and after helng
allied upon 90 present his authorities.
WIS compelled 90 ask for a Continuance
n the case until this morning JUDGE \
istre limited several times that ne was
n doubi NJ 10 whether his court had
Jurisdiction I'M the matter,
This court does not believe IN nut
Inc men guilty NJ minor onenses 10
fethor with convicts-eyen under the
nme building II don't seem rightt ~