The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-07
Al Mn IS
IN AND OUT
1abeas Corpus Hearing
Today to Settle
Ills Case,

| yesterday MT L An Mn, gentle
man who has acquired some local
celebrity, perhaps justly, in connec-
ton with the fascinating game of che
ia, spent a few hours at Oahu Prison
in the custody of High Sheriff Henry.
They could not have been unpleasa
hours, because the High Sheriff has
been heard to express a very strong
| desire for the company of All Mn
there. Nevertheless, the prisoner be-
| came impatient and so was perhaps
glad to go when, at $50 D. M, Chief
Justice Frear of the Supreme Court
granted his release on $500 bond on
| petition for writ of habeas corpus.
| to come up for hearing in the Supreme
| Court at ten o'clock this morning.
| All Min had been taken INFO Gus
tody by the High Sheriff on a mittimus
issued out of the Supreme Court
earlier in the day, the petition for a
writ of habeas corpus having been
| prepared as soon as he was committed
This is the noted contempt case, in
which All Min committed a direct cons
tempt of the Circuit Court by refusing
TO answer a question in the grand
| jury room, and in which Judge Lind
say held that exceptions would lie and
| the matter be allowed to go to the
Supreme Court
AT the time of his ruling Judge
Lindsay sentenced All Min to ten days
in Jail, and released him on MS own
recognlzance, pending appeal. The
reXt day, on motion to set aside the
appeal, Judge Lindsay admitted from
the bench that he had probably erred
in allowing exceptions in a case of
direct contempt, but said that mas
much as the matter was then in the
hands of the Supreme Court he would
not Set aside his former ruling.
In the meantime, the Attorney Cen
erals Department, being DESTROYS to
expedite the work of the grand jury,
had got the case taken up for imme-
date hearing in the Supreme Court,
and this hearing was had yesterday.
The Supreme Court without dissent
held that All Min had been wrongfulIy
allowed an appeal in a cast of direct
contempt, and dismissed the bill of ex-
ceptions.
When the matter came up for hear
court had made up it's mind to dis
miss the appeal, because it was stated
from the bench that no argument was
wanted from Deputy Attorney General
Milverton, who appeared for the Ter
ritory in the matter, but that 1t would
like to hear from Judge Humphreys, OF |
counsel for All Min. Humphreys claim
ed that the amendment of the con- +
tempt law in 1903 had provided for an
appeal, at least in cases of civil con-
tempt, and he argued that the offense !
of All Min was a civil contempt. Incl |
dentally. the Judge made mention of /
the fact that the amendment of the
contempt law was due to recommended
tons made by the Chief Justice sew
eral years ago, during a time when
there was considerable contempt bust
ness in the courts. The attorney him.
self was on the bench then, and was
handling many of the contempt cases.
The old law giving the court sum
mary powers had led to SO much
abuse said Humphreys. that the
Chief Justice recommended a change
allowing appeals
The decision of the court. delivered
orally by Chief Justice Frear. held
that the contempt of All Min was
and that therefore there was
no appeal. The fact that the contempt
was defiance of public authority and 1
not a violation of a courc order as
made between two litigants, made it
criminal instead of civil, said the court.
rhe decision referred to an old rul-
ing that there is no appeal ir direct
cases. and said that the
amendment of 1908 only served TO con-
firm the law therein laid down.
Associate Justice HartWe1 delivered
a concurring opinion, giving his views
III more detail as to the difference be-
tween civil and criminal contempt.
This decision ended the hope of All
Min for a release on appeal. and he
was presently hunted up by the Sher-
ifs officer and taken over to Oahu
Prison. In the meantime, Judge Hum
phreys had prepared the petition for
a writ of habeas corpus, but it could II
not be presented TO Chief Justice F'rear
until that gentleman came back from
a funeral he was attending. AS soon
as it could be put before him. he SET
the hearing for this morning and al
lowed All Min to go on bond of $500.
The petition will be heard this morn
ing and. as soon as it is disposed OF.
the grand jury will probably take an
other fall out of All Min. If the SEN
tence of Judge Lindsay is sustained,
the man will serve his time in Jail and
after that will be no better off be-
cause the grand jury will still be as
anxious as ever to find out things If
All Min is released on habeas corpus.
then he will only find himself compel
ed TO face the ordeal the more quick
ly. And. incidentally. there is another
contempt statute. heretofore overlook
ed apparently, which makes criminal
contempt indictable and punishable by
d long term in prison.
Section 3C69. Revised Statutes of Ha-
wall has this: Whoever. after trial
by jury, is adjudged guilty of contempt
of any court e. by refusing to be