Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-06-04
JAIL DELIVERY
Is INVOLVED
Continued from page ~

the prisoner to the custody of the HlsI
Sheriff to carry out the sentence what.
ever it might be.
Mr.. Davis urged that the silence Of
the statutes made no difference and
the Court, addressing MIR. Douthitt. re-
marked that in the days when might
made right there was no need OF star
utes. The Court further asked MIR,
Douthitt it, under such a mittimus as
that in question. the High sheriff
might not detain the prisoner in thq
Reformatory School.
Mr.. Douthitt thought not and was
giving his reasons when Mr.. Davis in
terrupted by asking in high key:
What right mas the Nigh Sheriff Ia
designate the place of confinement!
Wait a moment. Mr. Douthitt, he was
going on.
You wait moment. Mr.. Davis" the
Court interviewed. Judge Gear wanted
TO know why the High Sheriff could
not send a convict to the ReformaCory
School.
Mr. Douthitt answered hrcause the
statutes gave commitments to the Re
formatOry School INTO the exclusive Ju-
risdiction of the district magistrate.
Gould he send the prisoner to Hil0
iail?" inquired the Court.
Il think he could" was the rea'y.
Because the law gives the prisoner
! absolutely into the custody of the
High Sheriff. nave found no refer,
ence in the statutes to Oahu prison
| do not think he is bound to keep pris.
Oners in the penitentiary. 1t is abs ,,
lutely immaterial where the sentenc g
is carried out, under our statutes
so much the worse for the laws If
this Territory" interiected Mr.. Davis.
We'll, go to the Legislature and
have the mamended,' retorted the As
sistant Attorney General. There a. 8
other statutes needing amendment"
Mr.. Davis was checked by the Court
on proceeding to argue, when he said
reporters were present and they al
ways took down Interruptions by Mir
Davis but were silent as to others.
Il wish the Court would restrain .bt
impetuosity of Mr.. Douthltt," he 5mil
ingly remarked. The gentleman rIUn
California needs it as much as L.
Judge Gear, in an undertone, said ht
hoped the reporters would take dowr
the word "impetuosity." lie went OF
to say that where there was no statute
the common law governed. The Gue'
ton in this case was what was the law
Mr.. Douthitt said the California init
timus had its form from what the stat
ute directed. There being no statut,
on the subject here, common law sus
tanned the practice in the OriemoI
case decided by the Hawaiian Supreme
Court. II was there held that tEC
High Sheriff could execute the deal
penalty at any place within his ais
erection when the sentence was silent
in that regard. However he asked In
recess until o'clock this afternoon
when he would endeavOr to show IhG
common law. 1t was then after /.
O'Clock.
| Mr.. Brooks presented the case &C.
the prisoner on the ground OF Illegal
ty of trial, in that the prisoner was
tried before Judge Gear while Judge
Humphreys was conducting another
trial at term. He claimed that failure
on the part Of respondent to make re
turn on this point constituted an ad
mission OF the allegations in the peti
Ition.
Mr.. Douthitt exclaimed, on the ref
ercnce TO two trials az once: II sun
pose, then, that the trial before Judge
Humphreys was legal while that be
fore Judge Gear was Illegal"
Mr.. Brooks declined to go so far al
that.
The hearing was continued until
o'clock.