The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-12-26
WRIGHT IS
RELEASED
De Bolt Orders His
Immediate
Arrest.
CFrom Wednesdays Daily.)

tFrom Wednesdays Daily.)
Walter A. Wright was released upon
habeas corpus by Judge Gear yester-
day. as he had previously stated would
be done but the former tax assessor
was Immediately rearrested upon a
new warrant issued by Judge De Bolt
on a complaint setting out the same
facts regarding the alleged embezzle-
ment.
Judge Gear in his decision releasing
Wright says:
at is clear from the record as well
as the evidence that petitioner did not
have a preliminary examination, and
i am satisfied that there was no legal
waiver thereof.
1.-The notes of the District Magistrate
after setting out the charge state as
follows:
Defendants plea was reserved. w.
j. Sheldon for the defendant. By the
court: This case Is committed to the
March term, 1903. OF the Fifth Judi
cial Circuit.
&c. L. KOPA, District Magistrate.
1.-The reserving by the defendant of
his plea was not a waiver Of examina-
ton, and the District Magistrate could
not deprive defendant of his right to
such an examination.
THE question then arises: Can the
court inquire into what took place be-
fore the District Magistrate prior to
commitment?
while the authorities are conflict
ing as to whether on habeas corpus
the weight and sufficiency of evidence
tending to support the commitment
may be considered, there is no conflict
upon the question as to whether there
Is any evidence to support 1t. The rule
is as follows:
1T is well settled that the court on
the hearing in habeas corpus pro-
ceeding. may inquire whether there is
any legal evidence to support the COM
mitment.'-15 Am. G. Eng. Encycl. Of
Law, page 1893.
There having been no evidence in
PRODUCED in this case and no legal
waiver of a preliminary examination,
the District Magistrate (who, 1t is adj
mitted does not understand the Eng
fish language had no right or author
ity to commit the defendant for trial.
1.-THE commitment being void, the
defendant must be discharged, and 1t
Is SO ordered.
GEAR, j."
Assistant Attorney General Douthitt
Immediately swore out new COM
plant before Judge De Bolt charging
Wright with the embezzlement Of
$4,000 in government funds, collected
by him as deputy tax assessor. The
bond was fixed at $500 which Wright
gave, and he. was Immediately releas-
ell. preliminary hearing will be
had before Judge De Bolt next Mon
day.
NOAR IS REPRIMANDED.
Isaac Noar was before Judge Rob-
inson yesterday to answer for con-
tempt in interfering with w. e. Fisher
as receiver for the Star block. L. A.
Andrews appearing for Noar contended
that as an appeal had been taken, the
order Of Judge Robinson was without
effect and there could be no contempt
Judge Robinson differed on this prop
osition saying that the order appoint
ing a receiver was an introductory
one and there could be no appeal from
1t unless with the permission of the
court The court held however that
the violation of the order had not been
wilful. but simply through ignorance
was discharged with a reprimand and
warned not to interfere with Fisher
again.
CRAWFORD GETS OFF.
Willie Crawford was purged Of con-
tempt also before Judge Robinson. He
had been cited for failure to pay ALI
mony and took the stand to testify
that he had no money with which to
comply with the courts order. He
said that he had made only $17 during
November and it required $50 for him
10 live, he borrowing the rest of the
money on his fire warrants. The ci-
tation was dismissed as 1t was impos-
sible for Crawford to obey the courts
order.
WILL GET NO NEW TRIAL.
Judge Gear yesterday overruled the |
motion for new trial In the case of
Territory Of Hawaii VS.. c. X. Al ct al, |
In which the United Chinese Society's
troubles are involved
The court held that It had lost jur- '
isdiction when the appeal was per-
fected and now was powerless to make |
any order In the case. or grant new |
trial. The petitioners are estopped |
from an appeal because OF the loss of |
the stenographer's notes of the evil |
dence as no transcript can be obtained |
The Supreme Court will probably be
asked 10 interfere In the case.
BISHOP a co. ANSWER.
Bishop a. co have filed an answer In