The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-21
JUDGE GElR REKRsEs
THE SUPREME COURT
A Transition Period
Prisoner, All De,
Set Free.
GRAND JURY FINDS TRUE BILLS
AN INSURANCE CASE. INVOLVING
$4,000. BEING Tried
BY 4 JURY.
GRAND Juar FINDS TRUE BILLS
Motions For Trial by jury Ia Pearl
Hsrbor Land Condemnation Suits
Probate Matters For Hearing
Monday Morning.


/ brought before Judge Gear, under a
writ Of habeas corpus at noon yester-
day. High Sheriff Brown. being
member of the bar. took charge of the
ease. as Deputy Attorney General
Cathcart was unable to be present for
the Territory on account of sickness.
The High Sheriff said that the prin-
ciple witness against the prisoner
was gone and there would be no use in
/ bringing All De before the grand jury
I under q warrant as 1t would only be
wasting the time of that body.
The prisoner was ordered to stand
up and the Court informed him
through the interpreter that. having
been imprisoned under a mittimus
1 which was illegal. he was discharged.
i The prisoners bail was also order
ed RENTED at the suggestion of At
torney F. NJ. Brooks. All De had been
serving a sentence of burglary, having
been convicted before Judge Perry
4 and sentenced TO ten years imprison-
ment
Judge Gear, in discharging the pris-
4
sion of the United States District
Court
1t was in this case of All De that
the Hawaiian Supreme Court only re-
Gently rendered a decision to the effect
that the old conviction was valid. The
proceedings in Judge Gears court
yesterday were a reversal of the SUI
4 preme Courts order, under the author
ity of the decision of United States
Judge Estee. All De was one of the
prisoners formerly released by Judge
Gear, but detained in prison by an APP
peal to the Supreme Court by Attor-
ney General Dole which. as already
stated. that tribunal sustained.
Grand jury indictments.
The grand jury yesterday indicted
five men for murder in the first degree
and one for larceny in the second de
gree. Against four of the alleged
murderers the jury brought in three
separate charges each.
The men indicted for murder were
George Wade Yamane Nenchiro, Chi
da Manzabaro. Osaki Mankiehi and
Tiara Chigoro. Early in the afternoon
all appeared before Judge Gear and
were committed on the indictments
George Wade, a negro, was indicted
for the murder of Gillespie, steward,
on board the steamship Australia. on
May 20. 1899. He was in custody,
however. on a charge of assault with a
weapon on Harry Evans, who arrested
him aboard the vessel for the murder.
Wade pleaded not guilty and was or
! dered committed to trial
The four Japanese are those con-
nected with the riot at Kahuku over
two years ago. They were charged
with the murder of certain Chinese at
that place. on March 81, 1899. AS
each of the four Japanese are charged
with killing each of three Chinese
there are three charges of murder in
the first degree. against each of the
four prisoners. These. Japanese were
already in custody. having been held
on new warrants after their former
release on habeas corpus by Judge
Gear.
The other indictment was against
George HoIuholu. a native, charged
with larceny in the second degree
The accused was not in custody. his
case having been placed on the secret
file He was ordered to stand up and
the indictment was read to him by al
Interpreter. He pleaded guilty to hav
ing stolen about three hundred pounds
of coal belonging to the United States
= Government When asked by the
Court why he had stolen the coal. he
stated that he was hard up at.the time
The coal was valued at about three
dollars. Deputy Attorney Genera
Davis said that the offence was a small
one and he thought the Court coulS
4 temper justice with mercy. judge
Gear sentenced the native to ten days
Imprisonment at hard labor.
In three Of the indictments agains
the four Japanese rioters Deputy AT
torney General Davis declined to ap
pear as he had represented them il
the habeas corpus cases in both th'
Territorial and Federal courts Higl
Sheriff Brown appeared in these cases
therefore. Deputy Attorney Genera
Cathcart being absent on account 0
, sickness
Give Up insurance Claims
Judge Stanley. of Holmes & Stan
ley. announced in Judge Gears eour
yesterday morning that diseontinr
ances would be fled IN ali cases i
which the firm represents claimant
for damages from insurance CON
panles on account OF the plague fr
: in Chinatown Of January. 1900.
This takes half 8 dozen cases OF
the calendar aud. il other firms folloS
the example Of Holmes & STANLEY
thirty-fve cases win probably
dropped
The action OF Holmes ( Stanley.
: is said. indicates that this frm q
), lesst has arrived at the conclusio
that the Supreme Court will revers
the decision in the case OF Gov Ch0n
against the Royal Insurance compan,
IN which the jury gave verdict 70
the defendant. 1t was then elaine