The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-11
BAD LAW
HOLDS GOOD
Criminal Set Free
With Courts
Regret.
Prosecuting Witness Is
Accused of Sharp
Practice.
Nakuina's SANDER Suit Against
Registrar Thrum on
Trial.

preme Court, written by Chief Justice
Frear, the case of Domingos Ferreira
is RENTED to Judge Gear with direc-
lions to discharge the prisoner.
Ferreira was serving eighteen months
in Oahu prison for criminal assault on
| 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 to
| the prison-keeper. The Attorney Cen
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 a 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-
| sentence.
| The Supreme Court holds that the
! first discharge was erroneous, yet
| binding since no appeal from it was
ltaken. In the course of the decision
| the law here is shown not to require
| that the prison-keeper shall be fur
| nished with the record of judgment
| and sentence and have a mittimus di-
| rected to him, the high sheriff being
responsible for the safe keeping of all
prisoners. In the closing paragr aph
| of the opinion next to the final order
the court says:
1.-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 tC
| appeal"
G. A. Davis and F. NJ. Brooks for the
petitioner; Attorney General L. An
drews, contra.
GRAND JURY BLAMED.
Manuel Martin and Manuel Come
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
RE, J. L. ,Aholo, F. J. Robello, E. K
Rathburn, w. NJ. Bush, Geo. Woolsey
D. F. Thrum, J. P. Makainai, J. H
Davis, J. H. Wise, w. A. Wall ant
Theodore Wolff. The jury returned 6
verdict of not guilty.
In charging the jury Judge Gear
punningly commented on what hi
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 if he did not pay
Martin could take the horse back. A
some time he gave Martin a documen
written on blank form of receipt i
the following terms:
June 80, 1907 ("Received from
scratched out.) Pay to Manuel Mar
tin Thirty-five Dollars completing full
amount for gray horse.
$500 r. w. SHARPE"
Sharpe, in reply to a question on the
stand, said he would not have accept
ed such a writing as note of hand il
offered to himself.
When Sharpe failed to pay the bal
ance, Martin and Gomez took the
horse away. For this Sharpe ha6
them before the grand jury, who in
1 ioin iof
: Judge Gear expressed amazement a
this proceeding of the grand jury, az
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
ing & Loan Association, garnishee, be.
fore Judge De Bolt, rendered a verdict
for the defendant.
! Frederick Nolte VS.. J. A Magoon
claim of $500 damages for trespass or
property at Manoa in making a right
of way over it, was put on trial be.
fore Judge De Bolt with the following
jury empaneled:
George CIPHER, E. H F. Wolter, E
McCorriston, Chas. E. Frazier, w. H
Thornton, E. E. Mossman, BENT,
Guerrero, Chas. Butzke, I. Livingston
John Kuaana, E. r. Adams, and II
J | Meek.
t F. Andrade appeared for plaintiff
]. A. Magoon and ]. Lightfoot for de
= | PENDANT. The trial will be resume
at $50 this morning.
= NAKUINA'S SANDER SUIT.
+. Moses X. Nakuina VS.. Thomas G
Thrum, trespass on the case for sian
der, came up for trial before Judg
Robinson yesterday morning. Plain
g tiff claimed $4,000 damages on accoun
S of statements made by defendant i