The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-08

| ed himself of contempt of court and
was released by High Sheriff VIM.
Henry. He must appear before the
grand jury again this morning, how
T ever. and answer other questions about
gambling than the one whose refusal
to answer got him into trouble.
i All Mn just had to purge himself or
else go to Jail for ten days, if before
the end of that time he did not answer
a certain question put to him before
the grand jury, for the Supreme Court
had ruled against him on every point
raised in his behalf, both on appeal
from sentence for contempt and on a
writ of habeas corpus.
| Judge Lindsay pronounced the sem
tence of committal on All Min last
/ Thursday afternoon, but the defend
ant only spent a few hours on Tuesday
and a few hours yesterday in confne-
ment This was because Judge Lindsay
allowed him an appeal from sentence
and then released him on his own re-
cognizance until the appeal was decid-
ed, and when the Supreme Court had
| decided on Tuesday that the appeal
was enormously allowed All Min was
under remandment only long enough to
have a writ of habeas corpus sued
out returnable yesterday morning. I'm
der this writ he was released ON bail
| of $500.
| For the habeas corpus proceedings
former Judge George D. Gear was adj
! ded to counsel of record for the de-
| PENDANT This made an array of legal
| talent on All Min IS behalf comprising
one former Supreme Court Justice
| (Whiting), two former Circuit Judges
! Humphreys and Gear and Frank E.
Thompson, one of the astutest mem
bers of the local bar. Against this
formidable host F. w. Milverton, Dep
uty Attorney General, alone was pit
ted. Nevertheless he prevailed.
Argument concluded about 2:30 in
the afternoon. Chief Justice Frear and |
Associate Justices Hartwell and Will
der, without leaving the bench, deliber-
ated Inside of quarter of an hour
the Chief Justice announced that JUS |
tice Hartwell would render the opinion
of the court. Justice Hartwell there |
upon rendered the opinion as given be-
low, taken down and transcribed by |
Col. Jones.
''In accordance with the views pro-
nounced by Justice Hartwell, - the
Chief Justice formally stated, the de-
PENDANT is remanded to the custody of
the high sheriff.
BEFORE JUDGE LINDSAY.
At p. M, after adjourning a jury
trial, Judge Lindsay gave a hearing
to the All Min matter.
Mr. Whiting submitted that All Min
was in the hands of the court and not
of the Attorney General. He under
stood that an effort was being made
to call the grand jury together, SUBJ
poena on All Min to appear being serv
ed beforehand. In these circumstances
counsel desired that the high sheriff
be ordered to bring All Min into court,
so that when the defendant purged
himself he might be released and spend
the night with his family rather than
in jail
Mr.. Milverton said that the only way
in which All Min could purge himself
of contempt was to appear before the
grand jury and answer whatever ques-
ton it might put to him There was
no necessity to bring him into court.
If All Min was ready to purge himself
he would be given the earliest possible :
of doing so. Whenever the | ;
Generals department heard
that All Min was ready to purge him.
self an effort was made to have a :
meeting of the grand jury that even :
ing.
Mr. Thompson said that the sentence
of the court was still in force. 1t was ;
on the part of the Attorney ?
Generals department to call the grand c
jury, but he thought All Min ought to :
he brought into court.
Mr.. Whiting remarked that the !;
court had power to suspend the order
Of contempt.
Mr. Miverton said that the defend
ant could not purge himself before the
court, as the condition of purging in
he sentence was his answering
question before the grand jury.
Judge Lindsay asked how the court y
was to know when he had purged him
self 1t might be well to bring the
High Sheriff and All Min into court.
Mr.. Humphreys said that all that
vas necessary was to bring All Min F
nto court and, if he promised to purge
himself at 10 o'clock next morning, all |
he purposes of his commitment would
,e observed Of course, if he refused
o answer the question he would be y
utility OF another contempt.
Mr.. Miiverton proposed that an order
n open court be made to the effect
hat as soon as All Min had purged / v
himself he should be released. He en-
aged that, if such an order were '
made, he would communicate it to the
high Sheriff. A
This proposition was promptly ac- | j
epted satisfactory by the defend | A
nt's counsel. j
Judge Lindsay tiereupon directed
hat the proposed order be entered. | <
his ended the proceedings in court.
THE PURGATION. L
Directly after the hearing before
a T I'D -, \
ession- 1t did not last many minutes.
Or before five o'clock All Min emerg-
d a free man. This much was di- o.
ulged:
''Ah Min has purged himself and will
nDear before the grand ill1.v a 10