The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-06
THE KAHUKU
JAPS FREED
And Are Promptly
Rearrested by
Sheriff.
ANOTHER LIVELY
DAY IN COURT
Attorney General Dole States His
Position Which Judge Gear
Refuses to Hear.

Judge Gear yesterday released the
four Japs. serving sentences for partic-
ipation in the Kahuku riots, for want
OF prosecution, directing a jury to re-
turn a verdict of acquittal as 70 each
of the three indictments for murder
against them. The Territory refused to
take any part in the proceedings and
did not prosecute, Judge Gear CURLY
denying Acknowledgement Dole the
right to make any statement of his in
tentions in court. and the court pursu-
ing the trials and directing the acquit-
tails upon his own motion. The prison
ers were not released from custody,
however, and were again locked up on
the old mittimuSeS, which had formerly
been declared null and void by Gear.
The Territory will rely upon the decis-
sions of the Hawaiian Supreme Court
to hold the prisoners and defeat any
further attempt on the part of Judge
Gear to procure their release. One OF
the men released yesterday is virtually
ct liberty by reason of the order of
Judge Estee- This is OSaki Mankicho.
whose appeal is now pending in the
United States Supreme Court. Appli-
cation will now be made before Judge
Estee for the enforcement OF his for
mer writ of habeas corpus and the re-
manning kahuku cases will also be Ia
ken before the United States court to
secure their release upon the same
grounds as given by Judge Estee in the
case of Nankicho.
That this method would be effective
in securing their release is said to be
certain of result by defendants attor-
aeys. though in view of the appeal
pending in the United States Supreme
Court. Judge Estee will possibly re-
quire a bail bond in the event that he
releases the remainder of these men
by following his previous ruling in the
Mankicho case.
Yesterday afternoons proceedings
were sensational in the extreme, though
the fight between the Attorney-General
and Judge Gear was reopened the first
thing in the morning. Mr.. Dole asked
TO be allowed to file protest in the
Kahuku cases and a statement of the
intention of the prosecution relative to
these cases. Judge Gear peremptorily
refused the request and told the Attor-
ney-General that his action was highly
improper. 81 am surprised that a man
of your position and presumed intelli
gence should ask such an unheardof
proceeding"
Mr.. Dole persisting, the court ignored
him. stating that Wade was on trial,
and he would hear only that matter at
the time. At the conclusion of the
Wade trial in the afternoon Mr.. Dole
again appeared and asked to be allow
ed to make a statement in writing as
TO the course of the Attorney Generals
Department. Mr.. Dole then started TO
read. referring to the decision of Judge
Gear releasing the transition periou
prisoners. The court interrupted with:
THE Acknowledgement or no other
attorney will be allowed to make
statement as to the past ruling of .his
court. The Attorney General has no
more rights than any other attorney"
II have a right to state the position
the Territory lakes. and my belief as
TO fact
II will ask if the Territory is ready in
the Ichigoro case?"
Il am not ready, L
lis the defendant ready?" interrupt
ed the court.
Defendant is ready" said Mr..
Brooks.
Does the court deny me the right to
state my position in regard to these
cases?" asked Mr. Dole
Certainly not"
Does the court deny me the right to |
make that statement in writing?'
You can't file that paper in this
court" answered the court. Il will ask
again what the Attorney General In, !,
lends to do"
From my sense OF duty 1 deem 1t
improper to either nolle prosequi the
.ases or try them at this term. 1t is
.-hoIly in the hands of the court.
At this time it was discovered that
he defendants were not in court. and
, recess was taken until the Japs could
10 brought from the police station.
Il will again ask if the court denies
he Attorney General a right to make
, statement of the course the Terri
ory intends to pursue. and its reasons
or so doing.
Il do. Proceed" continued the court.
..Tbe Attorney General intends TO
AXE no further part in these cases
Sisb to state my reasons for that ac-
ion" ,.o,,s,.
..,The court cares to hear no reasons.
II demand the right, not the prlFl-