The Hawaiian gazette., 1902-12-12
WRIGHT IS
STILL HELD
Estee Says tie Will
Not Interfere
In Case.
CFrom Thursdays Daily)

Judge Estee yesterday refused TO in
terfere with the Territorial courts in
the case of II. H. Wright under ar
rest for embeZZlement. George Davis
had the defendant brought before the
United States court on the claim that
excessive bail was demanded, contrary
To the Constitution, and though Judge
Estee said that he believed the bail
eXacted was too high, yet he would
not interfere with the Territorial courts
in the matter holding that they had
sole jurisdiction in criminal cases, un-
less upon Constitutional questions.
quite incidentally the jurst sat down
rather severely upon the eccentric at
torney, but as no bones were broken
the hearing ended quietly. Judge Estee
reserved decision. but told Davis sew
eral times that he would not take
jurisdiction.
The habeas corpus writ was served
upon High Sheriff Brown and Tailor
Henry, and Wright was brought before
the court at two o'clock. Judge Estee
tried to limit the argument to the ques-
ton of jurisdiction, but there was no
restraining Davis who wandered over
the entire field, attacking the indict-
ment and entire proceeding of the Cir
cult Court. An application will be made
today to Judge De Bolt for reduction
of the bail, or that being refused for an
immediate trial. 1t developed that no
bail had as yet been fixed by the court,
Wright still being held on the commit
ment by Judge Wilcox, his total bond
being $4,000.
Davis contended that the indictment
was null and void, for the reason that
. To-, i 4
that the chief clerk of the Department
of Public Works could be indicted for
the embezzlement, not being entrusted
by law with the collection or disburse-
ment of public funds. Judge Estee did
not share this view, however, and in
timated that the statute was broad
enough to cover the case at bar. A
further ground cited was that the COM
mitment is insufficient, not having at
tached copy of tine indictment.
Mr.. Cathcart interrupted to say that
the indictment had not been question:
ed in the application for the writ, nor
was it in the Circuit Court, a plea of
not guilty having been entered.
Judge Estee started to ask question,
when Davis interrupted and as the
court continued began to murmur some
thing about not being given a fair
hearing"
What is that, Mr.. Davis?" asked the
court sharply.
Nothing" replied the attorney still
Just keep still please" said Estee,
I'VE will go on in order Or not at ALL"
Davis started in on his argument
again, contending that the bail fixed
was excessive, and that the defendant
had not been given a speedy trial.
Then he quoted the Hawaiian statutes
to show that there was no section to
cover the chief clerk.
Did you raise that objection in the !
Territorial Court?" asked the court.
Yes"
"And they overruled you, didn't
they"
Yes" said Davis, for the reason
that they didn't understand my argu- !
ment."
At this point Cathcart interrupted to
correct the attorney, who finally admit
ted that he hadn't raised the question
at all in the Wright case, but had cited
ii in the Thompson case. 1t was argued
further that Wright was being unjustly
imprisoned and that both Judge Gear
and Chief Justice Frear had refused to
lower the bail.
Deputy Attorney General Cathcart re-
piled briefly, stating that he did not be-
lieve the Federal court had jurisdiction,
and that no application had been made
for a reduction of the bail in the Circuit
Court. When this was done he might
consent to it being lowered. He, how
ever did not believe $4,000 a large bail
for man charged with taking $1,000. |
In1pa I'Etap 81 id he haliaUa1 tho hal