Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-02-17
TRANSITION PERIOD
GHOST WALKING
Continued from page ~

Continued from page l)
and the United States constitution re-
spected. The Government was send
ing populations to Washington by
steamboat and palace car 70 support
Antoine Perry. There was no fear that
the prisoner would escape, as any eff
forts he might make in that regard
would be rendered futile by spying and
espionage.
Any man DESTROYS of justice being
done would be glad to come into court
and consent to bail. For a time even
the prisoners counsel was ignored,
but Mr.. Davis had succeeded perhaps
with some ingenuity in getting before
the Supreme Court Of the United
States.
The speaker reminded the court
that the crime for which the prisoner
was held was manslaughter. All the
trouble about the cases to which his
belonged had been caused by the blum
sdrs Of the Attorney General. II the
advice Of High Sheriff Brown, an able
and faithful officer, had been taken
this transition period ghost would new
or have stalked through the land. The
Territorial authorities wanted to hold
on to one man power in framing in
dictments and got themselves tangled
up in constitutional questions.
Concluding, Mr.. Davis said on A
second indictment the prisoner had
been declared not guilty and he
thought he ought to be discharged. He
never heard of a prisoner being held
under two different processes. The
time for trifiing had gone by. The
alarm was false and raised only &c
protect the responsible head OF the de.
partment of justice of this Territory
His acts had constituted a practical
suspension of the writ of habeas cor.
pus. Who ever heard Of protests" to
the writ of habeas corpus, and my
officers ordered" to do this or that?
Mr.. Cathcart started to reply. when
the court asked IL he opposed the mo-
tion for bail. He said he did and went
on to say he was at loss to know
whether the remarks OF Mr.. Davis were
intended as an attack on the Supreme
Court and the Attorney General of
Hawaii or a eulogy upon this court.
The papers had been served on Mr..
BROOKS, who was attorney of record
for the defendant. 1t was hard to re.
ply TO counsel, who had gone over the
whole history of the case, even back
to the inception of the United States
constitution. He quoted the Federal
and Territorial law on bail and said
this court refused the prisoner bail on
appeal. It was case of great gravity,
the defendant having been tried for
murder and convicted OF manslaugh-
ter and sentenced to twenty years i'm
prisonment.
Mr.. Brooks interjected the informa-
ton that bail was refused because an
Indictment was pending against the
prisoner in the Territorial courts.
Judge Estee confirmed this state
ment from his recollection.
Mr.. Cathcart did not deny the accu-
racy OF the statement. In conclusion he
held that the case had passed out Of
the jurisdiction of this court.
Judge Estee wanted to know II any
witnesses were called when the Terri
torial grand jury indicted the prison
er.
Sure" answered Mr.. Davis, being
corroborated by Mr. Brooks.
Judge Estee further ascertained that
the defendant was kept in prison under
his own order, in part at least. He
then said he would admit Mankichi to
bail and fix the amount OF the bond at
$4,000.