The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-08-24
TIE new WRIT R[FUSED.AH OE'S BLUE PROSPECT.
GEAR CALLS SUPREME COURT
DECISION.
Says the Supreme Justices are Going to
Sustain Dole-A New Habeas Corpus
Puzzle.

Judge Gear this morning denied the
application of Attorney f. M. Brooks
for a writ of habeas corpus for Yamani
on the ground that the latter had beer
denied a speedy trial, after being ar
rested on a new warrant subsequent tc
the order from Gear releasing him on
habeas corpus on the claim that his
trial was Illegal The ruling was on
the ground that 1t had not beer shown
that a speedy trial had been denied.
After the decision had been given At
torney George A. Davis raised a new
point, but Gear said he. wasn't ruling on
it. Gear had intimated very clearly
that the Supreme Court was about to
decide that the prosecution had a right
of appeal from a habeas corpus ruling.
Davis wanted to know what would be-
come of the right of habeas corpus dur
ing the absence of the Chief Justice. He
wanted to know If an appeal against a
man who had been o:Nlered liberated by
a Circuit Court would keep the man
in Jail for three months, waiting Tor ac-
tion by the higher court.
Judge Gear proceeded to call his cal
endar, remarking that there was moth
ing before the court and Davis was
left to work out his own puzzle.
"This defendant was released on an
order of this court" said GEAR in decid-
ing the Yamani case, "and was after
wards re-arrested and a Grand Jury
was called in order that he might have
a speedy hearing. For certain reasons
the Grand Jury failed to give him a
hearing and he has not been given a
hearing in the District Court"
Judge Gear quoted authorities to the
effect that in cases where a prisoner is
not given speedy trial, he is to be re-
leased on habeas corpus, and the charge
against him is to be considered disposed
.r sr Int nf a
Court to consider all the facts ; I'D cir
cumstances in order to ascertain whe-
ther the prisoner has been eIN en- a
speedy hearing or not. The circum-
stances in this case are very PECULIAR
The court released this prisoner form
erly because it believed that he was
illegally detained. The cour1 did not
discharge this man and Others for the
purpose of taking away tie 1igt is OF
the prosecution to press The charges
against them The court was not an
xious for a jail delivery any more than
the community.
I'm this case the court cannot see
where a speedy trial has been denied
There have been cases in which defend
ants have had to wait two or three
terms. There are some authorities that
sustain Mr.. Brooks contentious and
they are strong, but in justice the court
does not think that this prisoner should
be again discharged.
"It is the opinion of the court that
the prisoner ought to be given a hear
ing at once and that the Attorney Cen
eral ought not to wait r. other events
/ understand that he is lIel1 under the
old warrant, awaiting a decision of the
Supreme Court sustaining the OLD trial
In swearing out a new warrant ara
holding the prisoner both ways the
Attorney General is inconsistent"
Judge Gear remarked hat the attor
ney general had tried both ways and
that the appeal to the supreme court
had proved successful. Brooks stated
that he did not think the Supreme court
was going to decide that there was a
right of appeal by the prosecution in
such a case. Judge Gear stated that j
rude awakening was coming for the
attorney
AS the decision of the higher coUl t
was expected at least by Monday Gear
suggested that no applica tions for bail
or for other writs be made before the Il