The Hawaiian gazette., 1902-02-18
SEEKS HIS
FREEDOM
Osaki Asks Estee
TO Fix His
Bail.
drrom Saturday, dany)

" ANAh hHANNAhfH /" NfAAtH ~
A motion was nled In federal court
yesterday asking Judge Estee to release
Isah Manklcho. one Of the Kahuku
rioters. upon his own recognlzance, or
that bail be fixed.
In the motion fled by Attorney +. NJ.
Brooks he says that the said defend
ant Osak Manklcho. has been dis
charged from custody upon the mitti-
mus issued by reason of the grand jury
indictment. and is entitled to his re-
lease upon the writ of habeas corpus
as originally allowed by Judge Estee.
The case is set for Monday morning at
ten o'clock at which time the applica-
ton for release upon bail will be
formally presented. This is the case
upon which an appeal has been taken
To the United States Supreme Court,
and pending the decision. upon Judge
Estees former ruling the defendant Will
be released If he can furnish the bail
to be fixed by the United States court.
The motion Is understood to be only
a test, and II allowed other proceedings
in the remaining habeas corpus cases
will be brought. In that event an APP
peal would have to be taken in each
case though probably bond would also
have to be given to secure an order of
release. At the time Osaki was releas-
ed Judge Estee refused to fix bail for
the reason that a grand jury indict-
ment had been found against him in
the Territorial courts, under which he
was being held This indictment was
/ one of those dismissed by Judge Gear
/ last week
IN GEARS COURT.
Judge Gear was occupied yesterday
/ in hearing the case of d. Ferriera
/ charged with criminal assault upon &
/ native girl thirteen years of age. Some
/ what of n sensation was created wher
| Ferriera introduced letter from the
prosecuting witness to himself, il
which she eXonerated defendant, bu
the girl then testified that it was OBJ
tanned from her by force. The cast
went over until Monday, the defens,
stnl being on, at the adjournment o
court. The following is the jury hear
ing the case: Chas. G.. Spencer, +
| Woodbridge, James ID. Cockett, w. +
Jones, Fred Goudie, II. *. Kaai, w. J
| Ordway, James Jaeger ID. Hakuole, ID
! Saauao, l.. r. a. Hart and w +. Dew
ereauX.
BEFORE HUMPHREYS.
A mstrial was had yesterday in tn
case of T.. o. Hall K Son VS.. Palawa
Valley and Upland Development CO.,
suit for goods delivered to w. II. Pal
in the amount of $500 for the defend
ants. After a jury was secured Nj
, McClanahan raised the point that tn
defendants were not personally respon
sble. there having been no compay OF
ganized, and that the company wa
not partnership. Judge Humph
reys sustained the contention, and NJ
: DeBolt for plaintiff asked to be allow
ed to enter "A non-suit. The court
, his ruling stated that he did not wis
to press plaintiff, and If requested
continuance would be granted unit
next term of court Mr.. De Bolt the
withdrew a juror from the panel an
the case went over for the term.
e In the bill for injunction filed by Albei
X. Nawahi VS.. Hakalau Plantation Con
pany, Judge Humphreys refused to graz
:, the relief prayed for. Defendant hel
certain sugar lands by lease from plair
tins guardian. which provided that
might be cancelled when he reached h
majority. lnlS ne tltCItu 10 ~,
asked that defendant be restrained frol
: cutting the cane now growing thereon
The court held that the complaint d
D not state facts sufficient to entitle plail
, tiff to a temporary injunction.
Judge Humphreys also dismissed Il
! complaint in the case of Frank Godfr,
n VS. John Kidwell. by sustaining the d
3 murrer. The suit was for possession
ID Manoa valley land.
The court also dismissed the motto
to compel VIM. X. Sims. administrator
the estate of Katie Sims to pay a no
for $3.50 given to Bishop & Co. and sign
both by his wife and himself. Jud
Humphreys held that the wife had
right to sign the note. and her esta
could not be held for her husband
debts. Sims appeared as his own q
"a torney in the case.
nj A dIscontinuance was filed yesterday
~ the case OF Tom Wal VS.. Chock PAX
al.
I'd The accounts and report of NJ. @. SLY
1t administrator of the estate OF John
ne Costa, We're referred to +. j. Farley
~ master.
SO C. A. Long was appointed master
examine the accounts of +. A. Schaef,
v. administrator of the estate of Sam,
n, Johanowit2.,
n, j. $. b. Pratt Is appointed ajministr
IN tor of the estate OF Mrs. Sarah c.
he Pratt, upon filing a bond OF $4,000.
he The case of George b. Mcclellan
he q. Il. Cofer was transferred to
he United States Court yesterday. The s.
d. involves the property known as Quara
j. tine Island.
David Dayton has been appointed {
o. ministrator of the estate of Hugh NJ
nd MILAN.
ire NEW SUITS.
Application for writ of error has b.
made 10 the Supreme Court In the m
ter of the Brown minors, in which JuC
Humphreys refused to allow the app'
'se The matter has been set for March
nd when the Supreme Court will be In $
The sion again,
% Susan Kahilina VS.. !. II. Kahilina
the title of new divorce suit filed y
hes terday. Extreme cruelty is charged. I
ort also that defendant is squandering