The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-02-04
GEARS TRIALS
MAY Be STOPPED
THE CIRCUIT JUDGE OPPOSING
DECISIONS OF THE
SUPREME COURT.
INJUNCTION TO STOP HIM ASKED
YESTERDAY.
Wade Case Allowed to Go on But the
Higher Court May Interfere To-
morrow.

Judge Gear is going on with the
George Wade trial this afternoon, and
proposes to continue to try similar
transition period cases, but an injunc-
ton from the Supreme Court of the
Territory may stop him tomorrow.
Yesterday Attorney General Dole ap-
piled to the Supreme court for an In
junction to stop the circuit judge from
trying the Wade case, but the injunc-
ton was refused.
There was an interesting play for time
while the application for an injuuettpu
was before the Supreme judges. The
circuit court kept in session till half
past three without a recess for luncheon
only adjourning when a jury had been
secured and sworn in. Deputy AttOf-
ney General CathCart, who handled the
prosecution, was exceedingly deliberate
i'm his proceedings. For no apparent
reason he exhausted all his peremptory
challenges, eXcusing jurors who. We're
seemingly all we'll qualified. Biting for
| the defense did not question a Juror at
all and exercised no challenges. The
court did everything possible to save
| time
In the meantime Chief Justice Freat
had heard the application for an in
junction and refused it. but If he had
granted it it would have been effective
before Gear had a jury to try the case.
In the opinion of many lawyers, 1t was
[ too late to issue an injunction after
the jury had been sworn though, as the
injunction was refused, the hurry prov
ed unnecessary.
The cases that are to follow are diff
ferent however from that of Wade.
They have been heard and decided in
the Supreme Court of this Territory,
and, as Gears proceeding Is held to be
| contrary to the decision rendered by
that court it is said that the highes
court here will issue an order to stop
him from proceeding further along such
| lines.
There are a dozen cases, all set for
immediate trial in which the Supreme
court may act. Dole's contention is
| that the Territorial Supreme court s
/ decision is the highest law i'm the land
until 1t is reversed. while Gear follows
the United States District Courts ap-
proval of his own decision.
In the muddle George Wade seems To
have something of a chance of freedom
| If he is acquitted in the present trial
| his release under the old conviction
! can be successfully demanded from
! Gear or Estee, according to their former
decisions. II he is convicted this time
the conviction, according to the Supreme
court, Will be invalid. There are other
charges against him, however, and he is
/ likely to be held until Washington de-
| cides the appeal in Osak Mankichi.
| which involves all the disputed points
/ Wade is being tried by the following
| jury; d. Kakuole James Merseberg.
| D. II. Rose, E. Blake, w, Dusenberg
| Charles Spencer James Jaeger, M. r.
! HoughtailinFi w. f. Sabin, w. c..
| Crook, Jr., r. S. Holt and G. A. Long
! The contest between the Circuit court
and the attorney general excites the
| greatest interest among attorneys and
others who have been watching IT,
! There are 25 or 30 prisoners whose Iiber-
! ty is involved and Dole has stated
! that he will fight to the end i'm both di-
rectiOns and in all the courts
! Wade pleaded guilty once, but the
! fact cannot be used in his present tria
and the question Of the guilt or inno-
| cence of him and the other alleged mur.
derers, rapists and burglars has beer
lost sight of amid the legal rumpus.