The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-01-31
WHERE WAS
TOM PONG?
Here Is a Thing That
Needs Some Ex=
planning.

Where was Tom Pong during the
| interval that elapsed between the time
of his conviction for selling opium
without a license. and the date of his
appearance before Judge Robinson on
habeas corpus?
There is an interesting story in the
answer to that question, but maybe
it is a story that will not be told-in
its entirety. There can, however, be
some guessing done. Tom Pong, it will
be remembered, is the man for whom
Judge Gear sued out writ of habeas
corpus. in the hearing of which writ
it was announced that the Judge pro-
poseo to have the Revised Statutes of
Hawaii knocked out. and generally to
play ducks and brakes with the whole
legal business of the Territory.
None of that was ever done. because
Judge Robinson discharged Tom Pong
on a question of the jurisdiction of
the committing magistrate, Judge
Whitney. and everybody was content
to let it go at that. But, another and
a really more interesting question has
arisen row. namely. Where was Tom
Pong during the time that elapsed be-
tween the date of his commitment and
the date when the writ of habeas cor
pus was sworn out in his behalf?
The man was never in our custody
says Warden Burke, of Oahu Prison,
and Warden Burke has charge of Ca
hu Prison. and of Honolulu Jail, as
the new part of the prison was Great
ed by act of the last legislature. The
High Sheriff, and under him the Ward
en-. has charge under the law of all
Territorial prisons and prisoners.
Now, as to the facts of the case of
Tom Pong. The man was convicted
on January Is, as the record in Judge
Whitney's court shows, at 1870 a. m.
There was no appeal bond in the case.
and at 2:30 p. m. of the same day the
mittimus issued. The sentence was to
pay a fine of $50 and $40 in costs,
and to suffer imprisonment in HOnolu-
III Jail, in case such fine was not paid.
at the rate of one dollar for one days
imprisonment. When the mittimus is
sues. the convicted man is supposed to
be or should be turned over at once
to the custody of the High Sheriff, and
begins to serve his sentence.
There does not. however, appear to
be any hard and fast rule about this
matter. which is certainly a condition
of affairs that should not be allowed
to exist for a moment 1t gives occa-
sion for all kinds of contingencies, as
can be easily seen. When the writ
of habeas corpus was sworn out for
Tom Pong, instead of the man being
returned into court by the High Sheriff.
as he should have been if his case
had followed the rule that is supposed
o obtain, he was brought into court
by the Deputy Sheriff Of Oahu Coun-
~, J. S. Kalakiela, who says in the re-
turn that he acts in the stead of
Sheriff Brown, who was absent from
the city at the time.
And so the story moves around again
to the beginning. Where was Tom
Pong during the interval that elapsed
between his conviction when he should
have begun serving his sentence, and
the Gate of the issuance of the writ
of habeas corpus? Also. there is the
other question, what is there about
Tom Pong that should differentiate his
case from that of any other doer of
evil?
Tom Pong was not discharged on
the writ. finally, until January 20, but
that is minor consideration.