The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-25
ALL JUDGES
WILL SIT
Gear Asks Aid in the
Habeas Corpus
Case.
FERRtIRA IS
AGAIN RELEASED
Certified Copy Of Judgment Now
Used in Holding Him at
Oshu Prison.

Another attempt 20 secure the release
% Domingis Ferreira. now serving n
1--WE years sentence In Oahu prison.
was made before Judge Ge9r yester-
day. The departure OF Gear and Davis
for Hiio made the hearing yesterday an
irnpossibility. and the matter was put
over until Jgly 18th. Ferreira in the
meantime having his liberty under
bord OF 5000.
In the petition. filed yesterday. Fer
reira claims that he Is held under the
old rnittimus. and that his arrest was
without legal authority. being made
without "A new conviction. since Gears
last order OF release. The question
raised now viii not be heard by Gear
alone. according TO the announcement
he made from the bench yesterday. He
stated that all three judges would hear
the matter. as ne had requested Judge
Robinson and Judge Humphreys To sit
with him.
There was a long sparring match In
court over the question OF return
The order had only been received by
the Attorney General a half-hour be-
fore the hour fer It's return. and conse-
auently the necessary papers had not
been drawn up. The petition ~ ad-
dressed To both High Sheriff Brown
and Tailor Henry. and both men ap-
peared In court with the prisoner
Deputy Attorney General Cathcart ap-
pearcd for the Territory. and asked for
continuance until such time as he
could prepare the return. Davis was
willing enough TO grant this but Gear
was not. stating that though the Su-
preme Court had established the Irece-
dent. he did not think IL legal TO release
man on habeas corpus. upon giving
ball. until the return had been made.
Cathcart replied that he had not had
runicient time To- prepare the return.
and as the court intended To leave for
HiIo at noon. the matter would go over
anyxfay until his return. as Gear stat
ed that he would hear the matter, and
/ would not let u go before another
Judge. Cathcs then said that the re-
turn was ur preparation by Mr..
Douthitt. anf would be filed during the
day. He C. scented TO the release OF
the prisoner on giving $4,000 bail. Davis
Joining In the request for the continu-
L -
HiIo at moon. The continuance was
finally granted and Ferreira ordered
released upon the fling OF the return
and "A bond OF $1,000 during the day.
Ferr-ira claims his arrest Is In vio-
llatlon OF Section f=f Of the civil code.
which declares against rearresting
prisoner who has been released under
habcas corpus. unless he Is indicted
larain or unless after a discharge for
default OF proof. or Tor some material
default In the complaint In a criminal
lease. he shall b. again arrested on SUI
ncient proof. and committed by Legal
proof. Tor the same offense."
The application - based also upon
the ground that the order OF Judge
Gear vas violated Ia rearresting Fer
reir.s after his former release. II Is set
cut that there has been no new trial
or conviction and The petitioner Is con-
sequrntly held without legal right or
due process OF law.
The return OF the high sheriff and
Jaior Henry was made yesterday.
|, showing that Fcrrcira Is now held by
virtue 81 a certified copy OF the judg-
r,eEt held by them. After rcciting the
facts in regard o. the former conVic-
ton and release ON habeas corpus. the
return says:
THAT thereafter on said 18th day Of
June. isOe. the said DomiLEis Fcrreira
vas r-arrested BY the high sheriff OF
said Territory. under and by virtue oil
the Judgment. sentence and decree 81
shis court. certified copies Of which arr
hereto attached and made part hereof
that at the time OF said rearrest a:
aforesaid. duly certified copies OF the
Judgment. sentence and decree OF this
, court had been furnished and supplied
By the proper officer OF this court &C
said Arthur VI. Brown. high sheriff
!. and 20 said william Henry. keeper OF
oahu prison. aforesaid. and that said
Arthur NJ Brown and said William
Henry hold and detain said Domingis
F-.rr.lra under and by virtue OF the
same and under and by virtue OF the
Judgment. sentence and decree Of this
court e
Ferreira's bail bond was signed D.
his brother and by Fred Harrison.
,-A.,~s ~ Wafer often brings OF