The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-11-13
LAW
HOLDS GOOD
Criminal Set Free
With Courts
Regret.

is RENTED to Judge Gear with direc.
tons to discharge the prisoner.
| Ferreira was serving eighteen months
in Oahu prison for criminal assault or
a female under fourteen years of age
| His lawyers brought him by writ Of
habeas corpus before Judge Gear, who
released him on the ground that the
prison-keeper was not furnished with
a copy of the judgment and sentence
and that no mittimus was directed &c
the prison-keeper. The Attorney Gen.
eral took no appeal but, relying on the
statute, had the matters found defect
| i've by Judge Gear mended. A certi-
fed copy of the judgment and sentence
was furnished the prison-keeper and
the prisoner was rearrested. He sued
out n second writ of habeas corpus, on
the hearing of which Judge Gear re-
manded him to custody on the ground
that since his first discharge the High
! Sheriff had furnished the prison keep
er certified copy of the judgment and
sentence.
The Supreme Court holds that the
| first discharge was erroneous, yet
binding since no appeal from 1t was
taken. In the course of the decision
the law here is shown not to require
that the prison-keeper shall be fur
lusu5pnf 10 pLoosI eul ulEM peusIu
and sentence and have n mittimus d.
rected to him, the high sheriff being
responsible for the safe keeping of all
prisoners. In the closing paragraph
of the opinion next to the final order
the court says:
THE Attorney General should have
appealed from the first decision instead
of relying on the statute. We regret
that we are obliged to discharge the
prisoner on the present state Of facts
because of an error on the part of the
Circuit Judge at the first hearing and
the failure of the Attorney General to
appeal"
G. A. Davis and F. NJ. Brooks for the
petitioner; Attorney General l.. An
drews, contra.
GRAND JURY BLAMED.
Manuel Martin and Manuel Gomez
were put on trial before Judge Gear
yesterday for malicious injury. L.
NJ. Straus assisted the prosecution, S.
F. Chillingworth appearing for defend
ants. The jury consisted of E. Nor
rie, J. L. Aholo, F. ]. Robello e. X.
Rathburn, w. NJ. Bush, Geo. Woolsey,
D. F. Thrum, J. P. Makainai, ]. H.
Davis, j. II. Wise, w. A. Wall and
Theodore Wolff. The jury returned a
verdict of not guilty.
In charging the jury Judge Gear
punningly commented on what he
called the SHARP" practice of the COM
planning witness, Robert w. Sharpe.
He bought horse of defendant Mar
tin for $50 on which he paid $25 on ac-
count. When asked about security,
he told Martin that IL he did not pay,
Martin could take the horse back. At
some time he gave Martin a document
written on a blank form of receipt in
the following terms:
June 80. 1903" ("Received from"
scratched out) PAY to Manuel Mar
tin Thirty-tive Dollars completing full
amount for gray horse.
$500 r. w. SHARPE"
Sharpe, in reply to a question on the
ed such writing as a note of hand If
offered to himself
When Sharpe failed to pay the bal
ance, Martin and Gomez took the
horse away. For this Sharpe had
dicted them for malicious mischief.
Judge Gear expressed amazement at
this proceeding of the grand jury, as
it was plain that the complaining
witness had attempted to bluff an I'M
sophisticated Portuguese in business |
transaction.
BEFORE FIRST JUDGE.
The jury trying Pang Chong VS.. w.
kelle, defendant, and Pioneer Build
ng 4 Loan Association, garnishee, be-
lore Judge De Bolt, rendered a verdict
'or the defendant.
Frederick Nolte VS.. ]. A. Magoon,
claim of $500 damages for trespass on
property at Manoa in making n right
IF way over It, was put on trial be-
ore Judge De Bolt with the following
ury empaneled:
George CIPHER, L. II. +. Wolter, Z.
McCorriston, Chas. +. Frazier, w. II.
Thornton, Il. L. Mossman, Benito
Guerrero, Chas, Butzke I. Livingston,
John Kuaana, L. r. Adams, and II.
Meek.
+. Andrade appeared for plaintiff,
!. A. Magoon and j. Lightfoot for de-
'endant. The trial will be resumed
NAKUINA's ISLANDER SUIT.
Moses X. Nakuina VS.. Thomas G.
Thrum, trespass on the case for SLAM
der, came up for trial before Judge
Robinson yesterday morning. Plain
iff claimed $4,000 damages on account
or statements made by defendant in
an interview relative to the dismissal
of plaintiff from the position of deputy
registrar OF conveyances. The quo
tations from the interview given in
The complaint are as follows, each one
being accompanied with elaborate ex-
plantations TO show that II is legally
That Nakuina has been troubled
with the big head
THAT perhaps he aspired to the po-
sition OF the registrar.
THAT for the last three or four
months Nakuina has been conducting
himself in the office in anything but an
agreeable manner. He has been taxi
Ing his own time about things and
has absolutely failed 10 remember his
position and the duties thereof.
Il fear very much that the whole
AFFAIR Is conspiracy and that race