The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-10
PRISON MAY
OPEN AGAIN
Davis Says All Men
Are Illegally
Confined.
FERREIRA CASE
IS BEFORE GEAR
Court Intimates That the Prisoner
Is Confined Without Valid
Authority.

Several new propositions on haoea'
corpus were submitted yesterday in tn
DomIngos Ferreira case. which wa
thought TO have been closed last week
Judge Gear ruled on the matter In th'
morning. refusing TO accept the return
made by the Sheriff that the prisone;
was held under the mittinus. In ths
afternoon a new return was made BY
Deputy Attorney Douthitt in which
was set out the record of the court. in
Guiding the minutes OF the clerk, the
| sentence. stenographer's notes. tudg-
ment, etc There was a long discus
sion over the admission OF the clerks
record because of an error which APP
peared on the face OF IL. The minutes
showed that w. r. Castle. Jr.. had
been excused as a Juror in the trial
OF the case. and also that he had sign
ed the verdict as foreman OF the jury.
The error was corrected afterwards. as
some other Juror had been excused in =
stead OF Castle.
In his return TO the petition for "a
writ Deputy Sheriff Chiliingworth says:
toner herein. Is retained and held in
custody under and by virtue OF GER
tain judgment and sentence OF the
above entitled court. duly given. made
and entered in the above court on the
18th day OF February. 1902. certified
copies OF which are hereto annexed and
made part hereof. and by virtue OF a
certain mittimus. a copy OF which Is
hereto attached. / further certify that
1 hold and detain the said DomIngps
Ferreira in my custody under and by
virtue OF no other authority than as
hereinbefore set forth"
. Davis insisted In his argument that
the jaiier should have a certified copy
OF the minutes OF the clerk and OF the
Judgment to- hold the prisoner. and he
said that every prisoner in Oahu psri-
Tertiary was illegally confined unless
the jailer had such authority. Deputy
Attorney General Douthitt replied that
the prisoner was taken TO the Jail on
the mittimus issued by the cou-t. and
that the record OF judgment IN the
clerks hands was sufficient for all pur-
poses. Judge Gear intimated that J e
took Davis view OF the case, and :ha.
the mittimus was simply an order to
the Sheriff 10 convey the prisoner to
the jail. Douthitt insisted that The
rnittimus was sufficient when taken
with court record. Davis advised
Judge Gear To call in full bench IL
he didn't feel like passing upon IL.
Portant and novel questions had been
raised and perhaps the entire court
should pass upon this petitiol. The
court did not follow the suggestion.
II Judge Gear releases Ferreira on
the point raised by Davis. every pris- |
oner now In Oahu Jail can secure his
freedom by the same process. for every 4
man In confinement is held simply by 1
virtue OF a mittimus and the judgment /
and record In the courts hands. The I
mittimus Is. by the way the order OF 4
the court. made out under his seal. /
and the prisoner after a convection is /
returned passes into the custody of the
court. None OF the Judges have ever
sent record OF judgment TO the Sheriff
with the mittimus. and prisoners are.
every one. held simply upon the order
~ the Circuit Judge. Judge Gear took
the matter under advisement and will
give "a decision Monday. The point
originally raised by Brooks that the
was Illegal because but one
Judge can sit at the same time has
been entirely abandoned. and the ar
sum.nt yesterday drifted 10 questions
which might be raised In the case OF
very man now In confinement.
FEE Is APPoRTIoNED.
Judge Humphreys made an order yes
eFday apportloninE the fee in the Ka-
nalo case. The $500 allowed by the
supreme Court Is divided. $500 20 each
u the three original attorneys. George
4. Davis. the late william A. Hen
hall and the late Paul Seumann. A
Hatch x Siiliman. who appeared rJr
tim. and the Henshail fee goes In part
O MaSoon * Dillon. who represented
iis interests. Davis divides his fee
With McCants Stewart. The court also
included In the decree the old jdlg-
neut ordering the repayment by the
81 5000 shares OF stock and
Is. 900 Ia cash. An appeal TO the
'niied States Supreme Court will prob
bly, be taken which means another
ing delay before final settlement. 4
GETS BIG ESTATE.
Mamie l.. Burke. as sole Iegatee I'M a
er the will Of u. n. Smith. yesterday o.
eceipted for the following property.
ash. SS229.2f. 300 shares OF Eva plan 4
ltion stock: 3 shares OF Oahu Sugar \
n. stock: shares Of Kona Sugar Co.
.ock; tO4 shares OF Oiaa Sugar Co. 4
ock: loo shares % Watalua Agricui-
iral Co. stock. 200 shares OF Kihei
aniation stock: 100 shares OF Florence
I stock: / sheet stamps. lie. Republic
Hawaii. sheets stamps. lSc 1Keku-
laoa): II sheets stamps. 1Oc. Kala-
,ua-
NEW ATTORNEY
Joseph II. knight was admitted 10
-actic- ~ the Supreme Court yes