Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1906-02-16
cHuN HooN GETS.
Continued from PAGE y


Judge De Bolt asked II the Supreme /
matter admitted the petitioner in a
habeas corpus case to bail.
Prosser answered that the Chief Jus. |
tice had done so inadvertently In the
first Amin proceedings but in the sec
ond Amin was released on bail when
the return had been made.
Humphreys contended that while
the prisoner could not be released be-
fore the High Sheriff had produced his
body before the Court, which he could
not do II he was not in his custody,
this had already been done In this
case. The prisoner could now be plac-
ed in the custody of some suitable per-
son. Humphreys suggested Judge
Gear.
Gear stated that Il was not true that
the Chief Justice had admitted Amin
to bail in the first proceedings through
nadyertence. On the contrary, the
Chief Justice had stated at the time
that he did so on the authority OF Elk
Parte Smith, in which case Walter @.
Smith had been released on bail In ha'
beas corpus proceedings. The Court
certainly had jurisdiction to release
the prisoner on ball.
Prosser contended again that the
prisoner coukl only be released after
return had been made. Even II this
were not so, the Court was not com.
PEELED to release him, It's action being
purely discretionary.
Il think Il is within the discretion OF
the Court to grant bail" said Judge
De Bolt. IL hold that the prisoner is
entitled to bail"
In that case" said Prosser. ~ ask
only until 12 o'clock in which to make
our return"
That is unfair to both the Court
, and COUNSEL" said Humphreys. "The
Attorney General Just said It would
| take him until Monday to make his re
. turn"
Prosser replied that by setting aside
. all the other matters in his office
| which he would decide to do II the pris
3 oner was released on bail, he coult
; have his return ready by noon.
@ IL am surprised that counsel cal
!, make that statement with straigh
: face" said Humphreys.
: The time for the making Of the re
d turn and hearing the matter was Sc
: tor tomorrow at . a. m.
s Humphreys intimated that the peti
toner would produce n large amour
/, of testimony regarding the allegation
!. that the Honolulu jail was as a matte
}, of fact n part OF the penitentlary
L They pour wine and coffee out o
L the same bottle over there" said Hum
), phreys.
Is The bond which Chun Hoon was 4
y furnish caused the next spat, although
d there was no trouble as to the amount
e Humphreys suggested that $50
n bond would be sufficient. Prose-
( wanted one for $1,000. Humphrey
said that was all right. as the bond h
'e had already prepared was for tina
N amount.
&c Prosser wanted to know II the sur,
ty was sufficient, and Lam Wong tn
E hondsman, was called on the stan,
10 He testified that he owned real estat
d, worth $4,000, but on examination II d.
: veloped that this was involved by
mortgage and other bonds. Judge .
- BOLT found that Lam Wong was M
W sufficient.
=. Humphreys turned around and cal
y, cd his clerk, the genial Goo Hoy,
~ take Lam Wong's place. Goo Ho
IA proved to, be a man OF substance. owl
:" ing sl3,5O0 worth of real estate o
" School street Kuakini street and HI
wall. on which the mortgages amour
OF ed to only $4,000. Judge De DO
+, found him acceptable as surety an
Chan Hoon was released on bail.