The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-12-23
FREEDOM
FOR WRIGHT
Gear Says What
His Decision
Will Be.
cFrom saturdar.s pallyl

afternoon before Judge Gear In an ei-
fort to secure his release upon VIII
of habeas corpus. Judge Gear viii rem
der a decision on Monday morning,
though he said several times during the
course of the argument that the COM
mitment was irregular and the impress
sion prevails that he will follow out his
usual course, and order the release of
Wright or failing that, cut his bail bond
very materially II Wright is released
he will be Immediately rearrested and
taken to Kauai for imprisonment or re-
commitment to oahu Prison.
The return made by Jailor Henry to
the writ of habeas corpus sets out that
Wright is held under a mittimus, copy
of which is attached. He further al
leges:
That said Oahu prison is used in
part as the prison where persons con-
victed Of crime are imprisoned, and is
also used as a jail where persons charg-
ed with crime and awaiting trial are
detained pending their said trial; that
said persons so held to answer are de-
tained separate and apart from those
persons who have been convicted OF
crime; and that the said Walter A.
Wright is and has been held and de-
talItO separate anu apart llOlll al I'i
sons who are confined in said prison
upon conviction OF crime.
That on the Island of Kauai there
is no Jail or prison wherein a committed
prisoner can be confined as safely and
with as much comfort TO himself as in
Oahu Jail or prison. and that the said
Walter \. Wright was committed to
the next term of the Circuit Court Of
the Fifth Judicial Circuit, Territory OF
Hawaii, to be held on the first We'd
nesday of March of the year 19O3 and
as such commitment involved several
months confinement, due regard for
the safe-keeping of said Wright and
for his own comfort necessitated his
confinement in Oahu prison as afore-
said"
Assistant Attorney General Douthitt
also files an affidavit setting out the
proceedings had before District Magis-
trate G. l.. Kopa and further says:
THAT when l left Koloa for Waimea
/ brought with me Mr.. ]. II. Coney, the
sheriff Of the island Of Kauai, and Mr.
Elmer T.. Conant, then assessor; the
reason for bringing Mr.. Conant was for
the purpose of procuring him as a wit
ness for the prosecution in said District
court; that Mr.. Sheldon, acting for
Wright at the time that said petitioner
was arraignCd, reserved his plea and at
said court time, in open court in the
presence of the petitioner, walter a.
Wright, waived examination. This
waiver Of examination was in the En-
glish language. That Walter A. Wright,
petitioner herein, is thoroughly CONVEX
SAINT with the English language; that
subsequently some conversation took
place between Mr.. Coney, who was con-
Quoting the prosecution, and Mr., Shell
don in the Hawaiian language, the ma
ture of which / was informed by Mr..
Coney was in regard to fixing the bond;
at the conclusion of the discussion the
District Magistrate of Waimea fixed the
bond of the petitioner in the sum of
$4,000, and committed him to the action
of the Grand Jury at the March, 1903,
term of said Fifth Circuit Court
Walter a. Wright was put on the
stand to testify as to the examination
before the district magistrate, and stat
ed that he had not waived examination.
He denied also that his attorney had
done so for him. on cross-eXamination
Wright admitted that he understood the
English language, but did not hear
Sheldon waive examination for him.
Mr.. Douthtt was also called TO the
stand and testified that he had had con-
Versation in the presence of the court
with sheldon in which the attorney had
agreed to waive examination. He testi-
fed also that this was in the course OF
the regular court proceedings and that
after this took place there was discus
sion in Hawaiian regarding the fixing of
the bail bond
Mr.. Peters argued that the petitioner
was entitled to his liberty, not having
been regularity committed, and it not
being shown that he had waived eX-
animation even though his attorney
did. This Peters contended was not
binding upon Wright. He said that the
district court minutes contained no ref
erence To the examination having been
waived, and the record should be con-
strued literally. Judge Gear interrupt
ed 10 say in a contemptuous tone that
the Supreme Court had held that dis
trict court practice should be literally
construed. Peters replied that he did
not believe the decision recently writer
by Justice Galbraith applied to crimi'
nal cases, and Gear then said he meant
Chief Justice Judd
Mr.. Cathcart coutended that the dis
trict court record could be added 20 by
outside evidence, and that the further
discussion showed that the waiyiug o.
examination was during the course O
the regular hearing
Judge Gear Interrupted the argumen
% say that the waiver OF tho defend
ants riBhts by conversation bttWrel
The attorneys WAS no moro effective
than N tN1 attorneys h8d discussed an
matter outside tho court ronin, Ito SAT-
further ihat it Was the courts duty &
commit ihe prisoner ana ult the busl
ness of the Attorney General
a decision win he given Moudu
morning