The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-04


ordinate to the Supreme Court of Ha
wall. The Supreme Court of Hawai-
has no appellate jurisdiction. When
was connected with the Attorney Gen
erals Department 1 held that the con
victions We're null and void, and 1 de
mand trial in the case of Mankichi.''
| Il wish it to appear of record" sale
Dole. ignoring Davis, that this cour
refused to allow the filing of this mo
ton"
I Because it contained personal mat
| ter; that letter is addressed to me per
sonally," replied Gear.
| IT'S not addressed to the court any
more than a divorce libel would be-"
| Those are addressed to Judge Hum
phreys," replied the court Humphreys
occupied a seat upon the bench also
but took no part in the proceedings
aside from whispering a word of advice
to Gear now and then.
| Il wish to file this protest, which is
in the nature of an argument and aft
davit."
THE court knows of no such thing as
| a protest.
Il don't believe that the letter is
proper, either broke in the irrepres-
sible Davis again, but I want the mo-
ton and affidavit filed. 1 may want to
use them, and 1 insist that the Attor-
| ney General be compelled to file them -
IF the court DESIRES said the At
torney General, Il will tear the protest
from the motion, and file the other pa
statement made by the Attorney Gen
eral declaring an intention to accept
Judge Estee's ruling"
You said the Attorney General did
not make such a statement" said the
court.
Il did it, said Davis. who was acting
deputy attorney general during Dole
absence from the city, but I consulted
with the highest authority in the Ter
ritory before L did
THE Attorney General repudiates the
statement now" replied Dole.
If the Attorney General had been
here at that time, I would have con-
sidered it my duty to consult him be-
fore taking such action, but whether
he repudiates it or not, the fact re-
MAINS" and Davis waited to observe
the effect of his words; then Kissed
his clenched teeth, 1T came
from the Governor himself
The motion was finally allowed to be
filed, and the letter also, though sep
arately. The court insisted also upon
the Attorney General filing a separate
motion in each of the thirteen cases,
though Dole stated that this would
take a week The court insisted that
The Attorney General was finally allow
&c until Wednesday to prepare the pa
perS. Then, to make matters worse,
Judge Gear held that he would consid-
ar the n1otion as II ade in each one of
the transition cases, and denied the
in each one, though under
lis previous ruling no motion had been
presented The cases of William Ester
IND William Kaluna went over to the
May term by agreement between the
attorneys and the prosecution. These
ire also transition period cases. (
THE WADE CASE.
IF the court please said Deputy
Attorney General Cathcart, when the
Wade case was called up again, Il
would like to have the case go over
IntH Monday, and have time to pre-
ent a motion for a continuance. I
Wish to present an affidavit showing
he absence of material witnesses and
f the principal witness. Harry Evans
out of the jurisdiction of the court"
Mr.. Biting, counsel for Wade, OBJ
ected to any continuance, and the
curt ordered Mr.. Cathcart to start up
n the trial of Wade Immediately. In
he meantime the criminal calendar
IaS called, but no other immediate
rails We're insisted upon, though sew
raj of the attorneys We're not ready.
nd in some of the cases the defendants
ad not been produced in court.
Il again ask to be allowed time to
lie a further affidavit continued
after the calendar had been
allied. This is the first time that
lie government has been forced to trial
| such an Cnheard of manner
Proceed to trial. CURLY interrupted
he court.
L wish to call the attention \of the
1urt to the plea in bar pending. Until
lere is a plea of not guilty we can't
roceed to trial"
T will overrule the plea in bar re- ,
led Gear
4 don't see how you can do that"
=sponded Cathcart: ION its face the
lea is good; there is no pleading op-
)sed TIC it. 1t was only handed to
e before the opening of court this
orning, and the court overrules the
ga in bar without argument. The
'urt of itself cannot decide a question
fact. The defendant has a right to
ial by jury on the issue of fact as
whether or not there has been a
Tor conviction. There is no plea en- [
red. That plea of not guilty has
cd or the face of it. AT least, the
cord should be kept straight
There is nothing on the indictment
show that plea in bar has been
lowed; it only shows that a plea of
It guilty has been entered, and I shall T
oceed on that
The records Of the clerk will show
be made by defendant" said Cath \
TT.
IN strike the plea in bar from the =
es if motion 70 that effect is made"
piled the court
Il believe the court should do that
its own motion" replied Cathcart.
1 am positive that the court allowed
? to withdraw the plea of not guilty
d enter plea in bar" added Bit
ng, L certainly should not have done
without such permission"
l won't act in the matter at ALL" =
hunued Gear; there is nothing be-
.e the court. Proceed with the case" n
half dozen jurors had already been :
He'd, and all We're anxious to get r
ay' as IL vas long past the noon
ur.
I believe the record should he made
aiSht. The court can't alter fact bv
,lding now hat the records won't q
NV this plea = bar to have been al
'ed. replied Cathcart.
Z Irr will