The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-02-17
Or THE MAN FOR MYCOB BEFORE EH MO DIVIDE THE WRM KINGS TLEH PRIMO DECREE
osAKG MANKICHI IN COURT ONCE
MORE.
Davis Distributes Eulogies and Knocks
and Osad Is Admitted to Bail In the
Sum of $4,000

The transition period legal battle was
/ transferred again to the United States
District court this morning and for an
/ hour the courtroom echoed and re-
| echoed with the eloQuence of Attorney
! George A. Davis who lashed himself in
/ to fury over the opinions and proceed
/ ings of the courts and lawyers that diff
/ fer with his view. Davis was arguing
] the motion of Osaki Mankichi TO be ad-
mitted To bail and he took occasion to
| deliver a warm roast of his friend "a.
| Perry whom he went To Washington
| to remove, Of Attorney General Dole,
! the press and the Supreme court as
/ we'll.
! Davis began with his having been ad-
mitted To the Supreme court at Wash
| ingtOn and branChed off into an account
of a conversation he had had with At
| torney General Knox. He declared that
Attorney General Dole had neglected
| his duty and shuffied with justice and
| was going to Washington lin steam
| boat and palace car to support the
| theory of "A. Perry travelling on the
funds of the Territory. He quoted the
minority opinion of Justice Galbraith
| i'm the transition cases as good law, and
| said that he had told the Attorney Cen
! eral of the United states that Judge
| Estee on arriving i'm Hawaii had not
/ been able to get a courtroom but had
!
| the United States.
on being informed Of this alleged fact
/ in connection with the transition period
cases, which came up about a year
| later the Attorney General according
| to Davis. said: "I wish to God we had
more such judges in Hawaii"
Davis remarked that it would be
miracle if Judge Estee's decision in
the matter was overruled at Washing
| ton, and asked that the former order of
the court, admitting Osaki to bail, be
| carried out. He complained that he had
never been served with papers in the
| appeal and repeated that the attorney
! general had neglected his duty by not
ltrying the cases over again. 1T is
! through Edmund PiersOn Dole and his
| franctic efforts to support the theories
| of A. Perry that the transition ghost has
stalked through our courts and news
papers for nearly two years" said Da-
| Wis, and now he is keeping up the fight
! for he right of one man to indict an
other and against the right of a prison
| er to be convicted by unanimous we're
! dict of a jury or not at all
| "Is this a motion to admit to bail?"
| asked Deputy Attorney General Cath
| cart, when his turn came.
! The CC-rt remarked that it was. IT
| was at a loss to know from the remarks
| of counsel said CathCart whether it
! was an attack on the Supreme court
! or on the Attorney General, or a eulOgy
Of your honor and the counsel" Cath
cart stated that all papers on appeal
| had been duly served on F. NJ. Brooks
! attorney of record in the case when the
! appeal was begun. He opposed the
motion for bail on the ground that the
| case had been appealed to the United
! States Supreme Court and was there
! fore beyond the jurisdiction of the court
here.
| TCetaa baoa,, c,i,,a or,agti,Di,o and
! soon went up against a queer tangle.
! He wanted to know about the new
! indictments and if there were witnesses
! before the grand jury when the new
! indictments were found and what officer
of the Territory prosecuted. He was in
| formed that there had seen witnesses
! and that High Sheriff Brown prOseCut.
! ed. Then it was that Cathcart let out
the queer tangle. "Mr Davis was there
! as Deputy Attorney General" said he,
| and can probably tell the court about
it,"
Davis sprOng to his feet and stated
] that he had not acted as prosecutor in
this case. Davis presented the other.
| precisely similar cases, but being COun-
! sci for Osaki ManKchi, he let the High
| Sheriff present this one. 1t was while
acting as Attorney General i'm these
cases that Davis announced in Gears
court, the policy of the Attorney Cen
erals department to follow Estees de-
! cisiOn which announcement Attorney
General Dole has since repudiated, thus
adding to the tangle.
Judge Estee inquired under what or
der of what court the prisoner was held
and was informed that he was held un-
der an appeal from Judge Estee him
self. The court then decided to admit
the prisoner to bail and fixed bail i'm the
sum OF 5000
Osalli is thus the first of the many
transition prisoners to get actual liberty
with the exception Of one GotO, who es-
capped i'm the first miX-up, before the
! prosecution had its policy Of rearresting
fixed up.