The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-18
MUST GIVE
BIG BAIL
MankichO' sReIease
Will Cost
$4,000.
DAVIS STARTS ON
A NEW ROUND
Lively Time in Estee's Court.
Liquor License Decree
causes Trouble.

l George DAVIS DGCke ittfSc again 80
terday. Since his trip abroad few
weeks ago he has not had an inning IN
| the local courts, and he candidly told
Judge Estee that as he had been away
for So long a time, he was entitled to
! another turn in the United States
| court. Judge Estee allowed him to
| storm at Will, and then at the conclu-
sion of it all, calmly announced his de-
cision as he had done some months ago
| and fixed a bail of $4,000 N the case of
Osaki Mankicho, whose appeal is now
pending in the United States Supreme
Court The amount Of the bail rather
| staggered the defendants, but Mr..
Brooks said yesterday that he thought
sureties would be secured in few
days. The motion IN court yesterday
is said TO be a test for the other ira l.
sition cases, and similar application for
writs of habeas corpus and release on
bail, will now be made for all the tran
sition prisoners. This viii leave the de-
PENDANTS in good position, legally, as
in case Judge Estee's decision is sus-
tanned in the United states Supreme
Court, the defendants VIII be at liber-
ty, as the grand jury indictments have
already been dismissed by Judge Gear.
As a matter Of fact, the motion dis
posed of by Judge Estee yesterday had
already been granted at the original
hearing of the application for writ of
habeas corpus. when the Kahuku Jap
was ordered released, but bail bond
was fixed because the defendant was
being held under grand jury indict-
ment. Davis stated this fact at the
opening OF his argument yesterday
morning, and read the order made at
the time, which he said made any fur
Their discussion useless. Then he pro-
ceeded to argue for over an hour, at
lacking the Supreme Court. the Attor-
ney-General and everyone who disa-
greed with him on the subject. Right
at the outset Mr.. Silliman asked for
few moments of the courts attention,
which Davis reluctantly granted. Then
when Mr.. Kinney came in and wished
to ask a question concerning the Pearl
Harbor appeal, Davis with menaclng
shake of the head. said: mo, you
can't, 1 am talking now, screaming
the words at the top of his voice. Judge
Estee looked over the irate little attor-
ney, ignoring him, and asked mildly,
What is it, Mr.. Kinney" Davis shut
up in a hurry, and after the appeal
had been disposed of went into a long
harangue about his rights, and the fact
that he hadn't been given an oppOrtun-
ity to be heard for several months He
was angry, too, because he hadn't been
served with copies of the appeal, and
said he wouldn't be ignored, though he
had TO go to the highest court in the
land TO see a copy of the bill of eXcep-
tions and appeal. He referred also to
the ''red-letter press which has been
raising all this storm about murderers
and rapists being released from Jail, to
cover up the blunders of the Attorney
General Davis said further that there
was no need for the cries Of "red-letter
press" that the prisoners could be con- !
Victed again. and referred TO the con-
viction of Wade, whom ! had indicted
by the grand jury" He referred also
to the things he had tod Attorney Gen
cEdl hHoN, Oh HON T~Sttt iieAN
been refused a place to mold court. and
finally was compelled - take possession
which Knox replied: L wish to God we
had more such honest and fearless
Judges
Attorney General Dole and Justice
Perry came in for the usual TRADE of
abuse. and Davis said ne would follow
the case TO the end, though these poor
Japanese had no money TO pay the ex-
pense while the Territory has the
public purse to pay for steamship ,
tickets and palace cars for Edmund .
Pierson Dole TO support the opinions of /
A Perry"
Davis pleaded for a low bail. which |
the defendant might be able to give;
and quoted Territorial law in support
Of mis- contention. relying chiefly upon +,
the dissenting opinion OF Justice Cal
braith. and the able and fearless Cir
cult Judges OF the Territory"
Deputy Acknowledgement Cathcart.
when Davis finally concluded. said he
was at a loss TO know exactly what
sort of a proceeding it was, an attack
IN the Attorney General, the Supreme
Court an eulogy of Judge Estee or sim
ply motion for bail in the case OF
Osaki Mankicho. Cathcart made no
decided ODJectlOn 10 pan. olt contend
"a that it should be under the Federal
statutes. and quoted several sections of
the Revised Statutes in support his
Plea. He said that Brooks was the at
torney of record in the case and all pa
pers had been served upon him. He
was of the opinion that the appeal
having passed into the Supreme Court.
Judge Estee had no jurisdiction TO fix
the bail, but il should be the higher
court.
The court inquired # Osaki had been
regularly indicted. and Mr. Cathcart