The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-04
ANOTHER
CLASH IN
THE C0URT
Gear Wants Wade
Tried in a
Hurry.
NO CONTINUANCE
ALLOWED DOLE
Transition Gases Must Be Tried
lmmediateIy-Plea In Bar
Ignored.

II
| ton for continuance in the Transi-
ton Period cases and forced the At
| torney- General to a trial of the varie-
gated assortment of criminals without
| moments preparation. He ordered
the case of George Wade, the self-con-
fessed murderer who is now serving
a life sentence under a previous con-
viction for the murder of George Gill
lespie taken up at once, though the two
principal witnesses for the prosecution
is considered good grounds for a con-
tinuance by Gear.
Then in fear of a writ of prohibition
from the Supreme Court Gear insisted
upon the jury being drawn immediate
ly, though it was then the noon hour,
and Deputy Attorney General Cath
cart asked that he be given at least the
usual recess in which to prepare an af-
fidavit in support of motion for con-
tinuance. This the court refused and
forty-eight jurors, for whom the court
had expressed so much concern for fear
that they would be kept waiting, were
held in court until after three o'clock
without luncheon or food of any kind
since early morning. In his desire to
further embarrass the Attorney-Gen-
eral, Judge Gear refused to consider
plea in bar which had been filed in the
Wade case and despite the protests of
-
that the record should be kept straight,
the court ordered the hearing to pro-
coed, first overruling the plea of pre-
vious jeopardy, and later ruling that
the plea in bar was not before him.
The peculiar part of the whole affair
was that despite Gears evident haste
to have the jury sworn before a writ
of prohibition could issue from the
Chief Justice, no application for such
paper had been made. Taken alto
gether the first day of the February
term was a very lively one, and 1t will
take several courts to straighten out
all the tangles of yesterday The fun
started early-before a crowded court
room AS soon as the juries had been
called Judge Gear took up the criminal
calendar and called the first two cases.
The case of Territory of Hawaii VS..
George Wade, charged with murder in
the first degree, was the third on the
calendar.
Attorney General Dole at this juno
ture presented a motion for a contin
uance in all the transition period cases,
on the ground that the case of Osaki
Mankichi now in the United States
Supreme Court, would settle all the
points at issue in the Wade case. He
read from his motion as follows:
AFFIDAVIT OF E. p. DOLE.
/, E. p. Dole, Attorney General of
said Territory, being duly sworn, on oath
iepose and say:
That the defendants above named in
Zach and all of the above entitled cases
we're duly indicted, arraigned, tried, con-
pursuant to the laws of the Republic OF
Hawaii. in the Circuit Court for the
First Judicial Circuit OF the Republic Of
Hawaii between the surrender of the SOW
eighty of the Republic OF Hawaii to the
United States of America on the 18th
lay of August, 1895 and the taking effect
IF the Organic Act of said Territory
Tune 18th. 1900. all of which appears from
he records of said court:
That, in so far as said cases were car
led TO the Supreme Court of the Repub-
ic of Hawaii by bills of exceptions, said
Exceptions were overruled and said con-
lotions sustained by the Supreme Court
II the Republic OF Hawaii, all of which
Ippears from the records thereof:
That. subsequent to the taking effect of
he Organic Act, all of said defendants.
IS the affiant is credibly informed and
relieves. except William Ester and Ka-