The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1907-10-01
HART's BAIL IS
FIXED At $1,000
; CFr,n saturdays AdveriIser)

Well see WEeLner the LHilu uS-
r-ez' goes in this court" said George
a. Davis as he turned the leaves of
Law book in Judge De Bolts court
yesterday afternoon
: moment later the Judge took his
sezr on the bench The case before
him was the application TO admit
lionel Hart, charged with malicious
burning in the second degree, TO bail.
Ea-r was in court, brought thither
hv Elgh Sheriff Henry in response to
an order issued by Judge De Bolt
earlier L. the day on application OF
Davis. 10 produce Hart forthwith At
1o-nev General Hemenway appeared
fo- the Territory and the High Sheriff
end seated that, the order having ul-
rected the production Of Hart forth
with. there had been no time to file
a written report. but the High Sheriff
EEas n court with the prisoner. Davis
waived a written return.
II Hart had shot at Charley Hus-
tao began Davis. and missed him,
he could have been prosecuted for IN
lawfully discharging firearms. but not
for killing Hustace, though he might
have killed him"
-But suppose. in shooting at Char
lex Hustace." interrupted Judge De
Bolt. he had missed him, but hit
County Attorney Cathcart, what could
he have been held for2'
y appreciate the point your honor
makes replied Davis a little less
rrucuIeutly than ne had begun And
or course. 4 in missing Charley Hus-
-aee INV client had hit County Attor-
nov Carhcart. he could be held for
assault. But Hart in this case has
burned What was il you burned?
Davis said. addressing Hart, and
eee-red over 10 where his client, the
prisoner. sat beside High Sheriff
Henrv. Then. after a soto voce con-
rsrsarfon. Davis resumed: Hart in
This case burned two gallons Of oil and
r-na--es The door in tumble-down old
baildiug on land Tor which the Bishop
Estate charges the government an ex-
,s-bilaut rent. Il is not what he might
have done. He might have burned
down The building and started con-
rzEa-fon that would have destroyed
the city. But he didn't Twist and
rur- the confession IS he may, the At
ronev General. who comes from lib
trty-loving state near my own, from
Vermont or is il New Hampshire?
From Vermont. thank you. You come,
Ar Attorney General, from the East,
and bring with you Eastern ideas
rhseh i hope you viii carry into the
-erfo--nance OF your duties. You are
graduate OF yale College: but you
can not turn or twist the act OF my
client into anything more than the
burning OF two gallons of oil and
srzrlslg the door; and you want to
5eny him hail for that. But since the
Fsa-.7s AZ Runnymede demanded and
obtained Of King John the charter OF
E-uelEsh liberties. every man charged
xgith an ofense has 2 right 10 bail; and
The Constitution declares, and though
I have never seen il construed in this
Territory I hope it viii be some time,
that excessive bail shall not be re-
.1-f-ea nor excessive fines imposed, nor
cruel and unusual punishments in
ficted-
Vow. your honor. our statute pro-
zT6es that in the fixing of the amount
Of ban il shall not be so fixed as TO
se-.-fve the poor Of the benefit of 1t.
NV client is poor. He is so poor that
I have not as yet received any fee for
NV services. He was working on
.slsrv Of q hundred dollars a month,
wasn't II. Lionel? oh, eighty
month was it, and when this trouble
came al ,he friends he had in his
prosperous times deserted him, and he
asked me 10 defend him, and thought
1-a. L
devote q little OF my time and ability
10 him. he has received more than
re average advantages of education
md -lat he should be in this position
attracts my sympathy. There is no
steamer going away and if there was
1he Sherin-s Office could watch them
50 that he could not get away. 1t is
udr like i is in the States, where
man can get on a train and be of.
/ have lei a prisoner out of one door
nj a courtroom while the Sheriff
watched end waited for him at the
.7-ha- because he could not arrest him
IN TIE courtroom I have got more
zhar one man out on bail and have
never seen him again. But I am not
doing that kind of business down here
LaL 80 ErSN rum AAS4C- -
1 say that $500 bail is all that ought
70 be demanded Of him. What has
he Gomez be went in broad daylight
- an aatomobile and burned two gal
Ions ~ 81 and charred the door; that's
al DE did. he might have set fire TO
rte town. but he didn't He only Went
IN All automobile in broad daylight and
80 fire 10 two gallons Of ell and
charred the door in a rumbledown old
building on the Bishop Estate. If
rur honor fixes the bail any higher
than 500. OF sIe90 at most, it will be
"a 5eaial q bail TO him, for he can
uot give l. I have advised him if he
Is released on hail not TO be SO foolish
Is 10 attempt 70 escape, for if he IS
-o- czuE1r he can be brought back"
n reply Attorney General Hemen-
-sav said that Hart was charged with
-ss--iaE are 10 the contents OF the kero-
seue 1-arsaouse: that he had started
fires in two places, and that a most
d-@afuI conGagration had been pre-
-onted. NOT because Of anything Hart
tsE done bur because Of the efficiency
az rhe fire department which had ex-
I'll