The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-02-07
AMIN AND HIS
HABEAS CORPUS
HIS ATTORNEYS FOUGHT HARD
TO KEEP HIM OUT OF JAIL
THEY WILL APPEAL.

The attorneys for Y Amin state that
his case will be taken to the Supreme
Court of the United States if necessary
before he will either submit to a con-
tempt sentence or agree to answer the
question which was put to him by the
Grand jury and which he refused to
answer. Another attorney has been
added to Humphreys, Whiting and
Thompson, eX-Judge George d. Gear
is now additional counsel for Amin. The
case occupied all this morning in the
Supreme Court with the result that by
noon the chances of Amin going back to
Jail before night appeared to be excel
lent, for the court had inrimated its
ruling against all the points raised in
his favor with one exception, and that
point was one which is regarded as
very doubtfully effective
High Sheriff Henry, by Deputy Attor-
ney General Milverton, made a return
to the habeas corpus writ setting forth
the judgment and mittimus under
which Amin was detained. and the She
riff appeared personally i'm court 1t
was explained that the reason he did
not obey the writ and bring the body
of Amin was that the latter was out
on bail Amin, however, attended the
hearing, with a number of Chinese
friends.
Judge Humphreys stated to the court
that his clients petition for a writ OF
habeas corpus was based on the
grounds that there was no judgment or
which to base a sentence for contempt
| that the defendant had a constitutional
right to refuse to answer the Grand
jurys question, and that the question
| was immaterial Humphreys said that
the Judgment against Amin had been
written out by the deputy attorney
general after sentence and signed by
Judge Lindsay on the day after.
Milverton declared that this state
ment was utterly false, and that Lind
say had signed the judgment on the
same day as the sentence. Humphreys
offered to prove that there had been nc
adjudication that Amin was guilty OF
Contempt. before the sentence, and
| therefore nothing on which to predicate
a science. Stenographer Bell, Thomp-
son. Whiting and Humphreys were
sworn i'm turn and testified that Judge
Lindsay had never adjudged Ann
I guilty but had simply sentenced MIN
! G.. f. Henshall and II. w. Kinney were
called as witnesses to the same effect
but their evidence being merely cumu
Ilatiye. their testimony was not taken
The Supreme Court sent for Lindsa!
and he testified that he had no lnde
pendent recollection of saying NOR
than the record, as given by Bell, show
ed.
The testimony all went in subJec
to the objection that the record, whicl
shows a judgment, could not be at
tackled. the court having minated tina
no attack on the record could be made
Humphreys argued for the petitioner
and is to be followed by Thompson. TIT
court stated that it did not care to hea
from the attorney general except OF
one point, and that related to the ques'
ton of a judgment preceding the sen
tence. The hearing is being continued
this afternoon.
In the event of the decision beinf
against Amin, it is said that his at
torneys will apply to United States
Judge Dole for writ of habeas corpus
and If he agrees with the Territorial
courts, an appeal to the Supreme cour
of the United States may follow.