The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-10-24
WR|GHT'S
BAL. NOT
REDUCED
Clerk Must Give
10000 or Stay
in Jail.
DAVIS THREATENS
APPEAL TO ESTEE
Chief Justice Frear Denies Writ
Of Habsas Corpus Bail
Not Excessive.

Chief Justice Frear yesterday refus-
ed to reduce the $4,000 bail fixed by
Judge Wilcox in the case Of B. H.
Wright, and the prisoner was taken
back to Jail, with his attorney, George
Davis, threatening to appeal to the
United States cont
The matter came before Judge Frear
yesterday morning on petition for writ
of habeas corpus, the defendant raising
the constitutional question of excess
sive bail.
+, Davis appeared for Wright, while
High Sheriff Brown, Attorney General
Dole and Deputy Douthitt represented
the government. The material part of
the return o. the high sheriff was as
follows:
THAT he is the duly appointed, quail
ified and acting high sheriff of the said
Territory and ex-oficio keeper of Oahu
jail; that he holds and detains the said
Benjamin H. Wright in said jail under
and by virtue of a commitment Of the
district magistrate of the District of
Honolulu for the crime of embezzle-
ment, alleged to have been committed
by the said Benjamin H. Wright; and
under and by virtue of a mittimus
thereon, true copy of which is an
nexed to said petitioners petition and
made a part thereof; that the amount
of the alleged embezzlement is $4,-
9S2.10, and that the amount of bail
fixed and required by said district mag
istrate is $4,000, that the amount of
said bail is not excessive and that the
same has not been rendered"
At the request of Davis, Attorney
General Dole admitted that Wright
had stated that he had no property,
and il he did possess any it was in his
wife's name. Wright explained that
his wife owned a one-fifth interest in
the Long estate, and had, besides,
King street property of about So, 800
There is a. mortgage of $4,000 on the
property.
Davis, in opening, referred to the
bail of $4,000 in the first case, and add
ed that the government could gain
nothing by demanding excessive bail.
The constitution guaranteed free and
impartial hearing, and this, the attor-
ney said, could not be obtained with
the defendant behind prison bars.
Davis criticised the California opinions
which were against him, saying that
they had been severely criticised at
the time that they were given by the
journals. This is an attempt on the
part of the government to prevent
Wright from getting ball. said the at
torney. "The prosecution is not sat
isfled with an attempt to convict him
but simply wants to find victim and
violate the constitution. The govern
ment should accept a reasonable
amount of bail, otherwise l say they
are hunting victim, but they may
not find one here. He has friends who
will see that he gets justice in other
courts, and according to the law of the
land, If not in these courts. These
California decisions cannot be relied
upon; this one as to requiring bail for
more than the amount of the embez-
element is not worthy of weight
Why, it is only a page long, and the
poorest apology for an opinion I ever
saw. l never saw your honors send
down decision like this, and I aul
not saying this for fattery. There
may have been one like this in PASSING
upon some little motion, perhaps
from Hflo, or somewhere else. To re
quire bail of $4,000 in this case is not
judicial conduct / am not impeachins
anyone, but the authorities should not
seek to railroad a man to jail; don't
seek victim. Embezzlement is moi
such serious crime. Don't seek tc