The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-06

| part Oh TINS record. This is an indie
pendent branch of the government, and
deem it right that the public should
| Know the reasons for this action"
| The Attorney General can't make
stump speeches in this court.
Il think it Will be known-and beyond
these Islands-the course the court sees
! fit to take
This isn't the place for stump
speeches"
The court doesn't know that the At
torney General has any such inten-
ton"
THE court has heard some of your
stump speeches, and doesn't care for
any more"
| THE Attorney General has always
shown respect for this court, but
You have a funny way of doing it,"
| interrupted Judge Gear
II demand the right to state the
course of the Attorney General and the
| reasons for it."
THE Attorney Generals department
may be an Independent branch Of the
government, but when the attorneys
appear in this court they have no more
right than any other attorneys, and
the court has always endeavored to- ac-
knowledge such rights. Such a pro-
ceeding as a protest and statement is
unheard of. and this court would allow
no attorney to make a protest against
the action of this court. The case will
proceed"
Mr.. Dole then left the courtroom, and
the court called the cases.
Mr.. Brooks moved for a dismissal for
want of prosecution, but the motion
was denied.
The following jury was then called in
the case of Tiara Ichigoro, Chida Man
zaboro, Yamane Nenchiro and Osaki
Mankichi:
E. Kaai, James L. Cockett, W. X.
Kapu. w. F. Jones. w. E. Devereaux,
s. Ehrlich, Isaac Noar, j. NJ Holman,
c. Kimball, d. B. Renear, W. Mahuka
and w. ]. Ordway.
Clerk Lucas read the Indictment; Mr..
Brooks said the jury was satisfactory:
Mr.. Cathcart stated he was not taking
part in the proceeding, and Judge Gear
then directed the clerk to prepare a
verdict of mot guilty. which was sign
ed by the jury upon the order of the
court. The same procedure was fol-
lowed in the two remaining Kahuku
cases, the defendants being the same in
each one, though different juries were
drawn.
Court then took a recess; the four
Japs marched out of the courtroom,
and again resumed their places in the
patrol wagon, and were taken to the
prison. The men were taken under the
old convictions, and no new warrants
were required. The proceeding of Judge
Gear yesterday will prove a bar against
rioters in case the Supreme Court of
the United States sustains Judge Es-
tee, for no new indictments could be
returned against these men. they hav-
ing now been placed in jeopardy one
time at least.
MR.. DOLE'S STATEMENT
The following is the statement of the
matter which Mr. Dole asked to be
filed in court yesterday, and which
Judge Gear denied:
To the Honorable George d. Gear, Sec
ond Judge of said Court, Presiding at
the Term:
believe that clear and unanswerable
grounds have been presented to this
court for the continuance of the above
entitled cases at the present term there
of: that due respect for the Supreme
Court of the Territory and for the Su-
preme Court of the United States re- |
quires such continuance; that the exist |
ing irreconcilable differences of opinion /
in the courts of this Territory in regard /
to grave and unsettled questions of con- |
stitutional law, and speedy DISPOSE |
ton of said cases and of the charges for |
the same offenses upon which the de-
PENDANTS have already been indicted ar
raigned, tried, convicted and sentenced
require such continuance; that the public
safety and protection from men already
convicted of the highest felonies requires
such continuance; that 1 cannot enter a
nolle prosequi in said cases without as
Stunning portion of the responsibility
for what may prove to be a most unfor-
tunate failure of justice; that said cases
cannot be tried at the present term ex-
cept in violation of the law of the Ter
ritory, as declared by the Supreme Court
Of this Territory and still unreversed and
in full force and effect; and that to retry
them at the present term with the GER
tainty that the defendants, if convicted
will be discharged by the Supreme Court
of the Territory on writs of habeas cor
pus, is to commit the Attorney Generals
Department to judicial farce at
heavy expense to the taxpayers. For
the foregoing reasons, and for the rea-
sons set forth in an affidavit made by
me and filed in this court February 3rd,
1902, and for the further reason that the
Supreme Court of this Territory has suS-
tanned the convictions of said defendants
which authorizations L am in duty bound
TO respect until they are reversed by a
higher tribunal having appellate jurisdic-
-!on, and for the further reason that the
questions of constitutional law, involving
he legality of said convictions, are now
pending before the Supreme Court of the
United States and the 18th day of April
leXt having been set by said court for
he argument of the same, and a speedy
settlement of said questions being ex-
,ected, 1 believe it is my plain duty to
lecline to enter a nolle prosequi in said
asses or in any of them and, in behalf
If the Attorney Generals Department,
o decline to participate in any retrial
II other disposition which may be made
# them or of any of them during the !
PRESENT term. 1 make this statement and
axe this position with all due respect
or this court, believing chat my official
,ath and my share of responsibility for | 1
he maintenance of law and order and
he repression of crime require me, as
he head of a department of the Terri
orial government, TO take this course
Jpon such consideration as l have been
bile to give it since the events of the
bird day of February, 1902 L no 9TH
r course which / can justify in the
Drum of my conscience. Declining to
inter- a nolle prosequi, and declining to ,
etry these cases at the present term, L ,
cave the responsibility for such disposi-
ion as may be made of them to this
curt.
Dated this fifth day of February. 1902
Z. p. DOLE,
Attorney General