The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-03-25
r HE ADVERTISER presents this

morning a list OF the cIIlllHai
u cases dismissed by Circuit Judges
Humphreys and Gear on technicalities
since their advent on the bench. The
list is not complete and there are omit
ted large number of cases of similar
character in which the Attorney Cen
eral was compelled to enter nolle
prosequi by reason of the rulings of the
circuit judges. Particularly is this true
In liquor cases and opium cases, the
latter law being declared uncunstitu-
tional by Judge Humphreys.
The list of 10 cases dismissed as Civ
en- below, does not include, for instance,
the numerous liquor cases, in which the
evidence consisted largely of that Of
fered by the police. The circuit Judges
instructed the juries to disregard such
evidence Though in the States the
United States authorities rely wholly
upon similar testimony, and which
practically was a direction TO return n
verde of acquittal.
The list does not include the cases
where sentence was suspended, this be-
ing done generally upon a motion Of the
Attorney General at the request of the
court. Judge Gears reluctance to send
defendants to oahu prison is respon
tenders being free today, who are not
enumerated in the list.
In the cases of boys whose place
properly was i'm the Reform School
Judge Gear suspended sentence, hold
ing that he did not have the same
powers as the district magistrate
though both Humphreys and Judge
Robinson have held that Circuit Courts
have the same jurisdiction. Judge Gear
has far outclassed Humphreys in his
attitude towards the criminals brought
before him. He has released altogether
siXty-nine defendants. though on the
bench less than year. and the major
ity were for the most serious crimes.
The record shows that he released
sixteen defendants charged with muir
der, four p reviously convicted of man
slaughter, and three Of rape. 1t Is true
that some of these men We're released
several times by Judge Gear, for the
second judge left no stone unturned to
give the assorted aggregation of MUIR
derers and rapists their freedom, and
1t was only by the activity of the police
that they are now safe behind the bars
In these habeas corpus or transition
period cases Judge Gear not only re-
leased the defendants originally on the
ground that they had not been legally
convicted but when new indictments
were brought in accordance with his
own ruling, he again released them, on
his own motion drawing jury and di-
rectinS 1t to return "A verdict of acquit-
tai, denying every request of the At
torney General for continuance
though the case which will decide the
constitutional question eventually is
now pending in the United States Su-
preme Court. BY his arbitrary action
Gear Will turn loose upon the commun-
ity all these men convicted once before
of heinous crimes (some of whom plead
ed guilty. in the event that the Su-
preme Court sustains Judge Estee's de-
cision. AS these men were regularly
indicted and released by Gear. there is
nothing to stand in the way of their
liberty, If the first convictions are held
to be Illegal, as they cannot be again
placed in jeopardy for the same crime
Knowing this the attorneys have made
no further attempt to secure the release
of their clients and are now awaiting
the Supreme Court ruling.
The list of criminals released upon
technicalitles includes some i'm which
the circuit judges held diametrlcally
opposite views. Gear released Crimp
Mccarthy on the ground that mayhem
was not a crime within the meaning of
the statutes. though Humphreys but a
short time ago had sentenced man to
prison under an exactly similar charge
Both Gear and Humphreys have held
that there could be no appeal from a
plea of guilty in the District Court, yet
IN spite of that Judge Gear released
four girls charged with vagrancy who
had been arrested upon the premises
of the Honolulu Investment Co., though
they pleaded guilty before Judge VIII
cox.
The information given herewith was
obtained with great difficulty. An eff
fort was made to obtain the statistics
from the records of the Circuit Court.
but this was prohibited by Judge Gear.
He stopped the reporter who was at
work upon the criminal docket contain
ing the clerks minutes. with the re-
mark that the records did not become
public property until signed and APP