The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-12-11
WRIGHT IS
STILL HELD
Estee Says he Will
Not interfere
In Case.
DAVIS GETS HIS
USUAL CALL DOWN
Will Ask for Trial Today-Federal
Judge Thinks Bail Is
Too high.

Judge Estee yesterday refused to in
terfere with the Territorial courts in
the case of B. H. Wright under ar
rest for embezzlement. George Davis
had the defendant brought before the
United States court on the claim that
/ excessive bail was demanded, contrary
| to the Constitution. and though Judge
Estee said that he believed the bail
exacted was too high, yet he would
not interfere with the Territorial courts
| in the matter, holding that they had
sole jurisdiction in criminal cases, un-
! less upon Constitutional questions.
kQuite incidentally the jurist sat down
rather severely upon the eccentric at
/ torney, but as no bones were broken
the hearing ended quietly. Judge Estee
reserved decision, but told Davis sew
eraI times that he would not take
jurisdiction.
| The habeas corpus writ was served
upon High Sheriff Brown and Tailor
| Henry, and Wright was brought before
the court at two o'clock Judge Estee
tried to limit the argument to the ques-
ton of jurisdiction, but there was no
restraining Davis who wandered over
the entire field, attacking the indict-
ment and entire proceeding of the Cir
cult Court. An application will be made
today to Judge De Bolt for reduction
of the bail, or that being refused, for an
/ immediate trial. 1t developed that no
bail had as yet been fixed by the court,
Wright still being held on the commit
ment by Judge Wilcox, his total bond
being $4,000.
| Davis contended that the indictment
was null and void, for the reason that
the Hawaiian statutes did not provide
that the chief clerk of the Department
of Public Works could be indicted for
! the embezzlement, not being entrusted
| by law with the collection or disburse-
ment of public funds. Judge Estee did
not share this view, however, and in
timated that the statute was broad
| enough to cover the case at bar. A
further ground cited was that the COM
mitment is insufficient, not having at
| tached a copy of the Indictment.
/ Mr.. Cathcart interrupted to say that
| the Indictment had not been question
ed in the application for the writ, nor
was it in the Circuit Court, a plea of
not guilty having been entered.
Judge Estee started to ask question,
when Davis interrupted and as the
court continued began to murrnur some
thing about not being given a fair
| hearing"
What is that, Mr. Davis?" asked the
court sharply.
Nothing" replied the attorney still
muttering.
/ Just keep still please" said Estee,
I'VE will go on in order or not at al"
| Davis started in on his argument
again, contending that the bail fixed
| was excessive, and that the defendant
had not been given speedy trial.
Then he quoted the Hawaiian statutes
to show that there was no section to
cover the chief clerk.
Did you raise that objection in the
Territorial Court?'' asked the court.
Yes"
And they overruled you, didn't
they?"
| 1GSs SdlO DcNlSr lOI Inc ISdSO>A
that they didn't understand my argu-
ment.'
At this point Cathcart interrupted to
correct the attorney, who finally admit
ted that he hadn't raised the question
at all in the Wright case, but had cited
it in the Thompson case. 1t was argued
further that Wright was being unjustly
imprisoned and that both Judge Gear
and Chief Justice Frear had refused to
lower the bail
Deputy Attorney General Cathcart re-
piled briefly, stating that he did not be-
llieve the Federal court had jurisdiction
and that no application had been made
for a reduction of the bail in the Circuit
Court. When this was done he might
consent to it being lowered. He, how
ever, did not believe $4,000 a large bal
for a man charged with taking $4,000
Judge Estee said he believed the bal
was too large and there should be 9
lower bond fixed or the defendant giver
trial Il don't think though sai6
the court, that 1 can tell the cour
above to do that. I have no jurisdiction
because the Territorial courts have ex
elusive jurisdiction, and 1 have no pow
er to interfere" y
well we got that much out of hin
anyway" said Davis, as the court mad
the remark.