The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-06-10
PRISON MAY
OPEN AGAIN
Davis Says All Men
Are illegally
CO mined.


Dominscs Fcrrcire case. which was
thought to have been closed last week.
Judge dear ruled ON the matter In the
morning. refusing to accept the rctuI n
made by the sheriff that the prisoner
was held under the mlttimus. In the
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. stenogrspher's notes, judy
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. II. Castle. Jr.. had
been excused as n 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 Chillingworth says;
THAT said Domingos Ferreira, petit
toner herein. IL retained and held in
custody under and by virtue of a GER
tain Judgment and sentence OF the
above entitled court, duly given, made
and entered In the above court on the
nth day of February, 1902 certified
copies of which are hereto annexed and
made part hereof. and by virtue of
certain mittlmus, a copy of which Is
hereto attached. | further certify that
hold and detain the said Doming, rs
Ferreira in my custody under aud by
virtue of no other authority than as
hereinbefore set forth"
Davis insisted in his argument that
the jailer 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 peri-
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 IN.
clerks hands was sufficient for all pur-
poses. Judge Gear intimated that e.
took Davis view Of the case, and hat
the mittimus was simply an order to
the Sheriff TO convey the prls Dner to
the jail, Douthitt insisted That the
mittimus was sufficient when taken
with court record. Davis advised
Judge Gear to call in a full bench II
he didn't feel like passing upon the
matter by himself. He said that i'm
portant and novel questions had been
raised and perhaps the entire court
should pass upon this petitiol. rhe
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
man in confinement is held simply by
virtue of "A mittimus and the Judgment
and record in the courts HANDS. The
mittimus Is, by the way, the ORDER OF
the court, made out under his seal,
and the prisoner after n convection is
re urned passes into the custody Of the
court. None of the Judges have ever
sent a record of judgment to the Sheriff
with the mittimus, and prisoners are,
every one, held simply upon the order
of the Circuit Judge. Judge Gear took
the matter under advisement ana will
give decision Monday. The point
originally raised by Brooks that the
conviction was Illegal because bu. one
Judge can sit at the same time has
been entirely abandoned, and the arr
gument yesterday drifted to questions
which might be raised in the case of
every man now in confinement
FEE Is APPORTIONED.
Judge Humphreys made an order yes
terday apportioning the fee in the Ka-
malo case. The $500 allowed by the
Supreme Court is divided $500 to each
of the three original attorneys, George
A. Davis, the late William A. Hen
shall and the late Paul Neumann. A
portion of the Neumann fee goes to
Hatch az Silliman, who appeared Hur
him, and the Henshall fee goes i'm part
to Magoon d Dillon, who represented
his interests. Davis divides his fee
with McCants Stewart. The court also
included in the decree the old judS-
ment ordering the repayment by the
promoters of 5000 shares of stock and
$4,000 in cash. An appeal to the
United States Supreme Court will prob
ably be taken which means another
long delay before a final settlement.
GETS BIG ESTATE.
Mamie l.. Burke, as sole legatee I'M
der the will Of ID. B. Smith, yesterday
receiptcd for the following property:
Cash, s5229.2i; 2500 shares of Eva plan
tation stock; % shares of Oahu Sugar
co. stock: shares of Kona Sugar Co.
stock; 1Oi shares of Olaa Sugar Co.
Slo'h, JUD sNdltS DI w alhIu6 AHIltul-
tural Co. stock; 200 shares Of Kihel
plantation stock; 100 shares OF Florence
oil stock; / sheet stamps. 12c, Republic
of Hawaii; sheets stamps, lSc (Keku-
anaos); II sheets stamps, 1Oc, Kala-
kaua.
NEW ATTORNEY.
Joseph II. Knight was admitted TO
practice by the Supreme Court yes
terday. As set forth in the applics-
ton. Mr.. knight was bora in the State
Of Kansas and later moved to Boston.
Mass.. where he graduated from the
Massa chusetts Institute of Technology
in 1896. Three years later he matricu-
lated at the Harvard Law School, be-
coming soon after a member of the
Suffolk barr