The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-25
JUDICIAL UTTERANCES.
Success to Crime.
You may so; ! might have
stolen a $40 bill myself at thirteen.
Better defend those Negroes.
Mr.. Davis. You cleared them once.

torney General for a 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-
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. IL 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
technicalities includes some in which
the circuit judges held diametrically
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 a 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 WI
COX.
The information given herewith was
obtained with great difficulty. An ef-
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 al
work upon the criminar docket contain
ing the clerks minutes, with the re-
mark that the records did not become
public property until signed and ap-
proved by the judge. Though the rec
ord dates back nearly two years Judge
term. and Gears record has not been
made up as yet.
Below is given the list of cases dis
missed by Judge Humphreys and Gear
on technicalities. giving the date of dis
missal of the charge, and where it
could be learned the reason given by
the court therefor.
Fcrty-one criminal cases dismissed
by Judge Humphreys on technicalities,
between August 10, 1900, and Dec. 10,
1901.
LIQUOR SELLING-Aug. 10-W. J.
Ottman-Selling liquor without a Ii
cense; complaint quashed.
SORCERY-Aug. Is. Koleka-Dis-
charged upon demurrer.
LIQUOR SELLING-Aug. Il. Frank
Fisher-Selling liquor without Ii
cense: complaint quashed.
LIQUOR SELLING-Aug. I-Bob
Gardner-Selling liquor without Ii
cense: defendant discharged.
GROSS CHEAT-Aug. IF. c. Par .
ker-Case ordered dismissed.
LIQUOR SELLING-Aug. 1I-Fred
LIQUOR without license; |
case ordered dismissed.
GAMBLING-Aug. 17-Territory VS.
Tai Hung: case ordered dismissed
PROFANITY-Aug. 22-GoO Yuen-
Dismissed for want Of jurisdiction.
EMBEZZLEMENT- "a, 1900
Eugene Avery-Court directs verdict OF
acduittal. alleging insufficiency OF evil
dence.
SOLICITATIONS 4 1900-Man-
ueI PhiIlips-Defendant discharged, the
law held 10 be unconstitutional.
LIQUOR SELLING-Sept. &c. {.
Observation-Disclosures sale of liquor;