The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-09-28
HARRIS BAIL IS
FIXED At $4,000
CONTINUED from Page one.1

Continued from Page One.)
| Ny client is poor. He is so poor tina
I have not as yet received any fee fol
my services. He was working on {
salary of a hundred dollars a month
| wasn't it. Lionel? oh, eighty 6
month, was it? and when this trouble
came all the friends he had in his
prosperous times deserted him, and he
asked me to defend him, and thought
was not SO busy but what I could
devote little OF my time and ability
to him. He has received more than
the average advantages of education,
and that he should be in this position
| attracts my sympathy. There is no
steamer going away and If there was
! the Sheriff's Office could watch them
so that he could not get away. 1t is
not like it is in the States where a
man can get on train and be off.
| have let prisoner out of one door
| of a courtroom while the Sheriff
watched and waited for him at the
| other because he could not arrest him
| in the courtroom. l have got more
| than one man out on bail and have
never seen him again. But 1 am not
doing that kind of business down here
Escape is not so easy from here. So
I say that $500 bail is all that ought
to be demanded of him. What has
he done? He went in broad daylight
in an automobile and burned TWO gall
Ions of oil and charred the door; that's
all he did. He might have set fire to
the town, but he didn't. He only went
in an automobile in broad daylight and
caf frd 70 Of
charred the door in a tumbledown old
building on the Bishop Estate. If
your honor fixes the bail any higher
than $500, or $1,000 at most, it will be
denial of bail TO him, for he can
not give it. I have advised him if he
is released on bail not to be SO foolish
as to attempt to escape, for if he is |
not caught he can be brought back"
: In reply Attorney General Hemen-
way said that Hart was charged with |
setting fire to the contents of the kero- /
sene warehouse; that he had started /
fires in two places, and that most |
dreadful conflagration had been pre- !
vented, not because of anything Hart |
had done but because of the efficiency |
of the fire department which had ex-
tinguished the fire. Two cases of oil |
had been burned and the wooden cases
of a number of others and the fire had /
not gone farther because the fire de-
partment had extinguished it. Besides 1
that, records had been burned UP. The |
law fixed the penalty as high as ten
years and showed by it's terms that
not merely what was accomplished but
what was attempted should be taken
into consideration in fixing the punish
ment and also in fixing the bail. A
most disastrous fire was attempted and I
had been narrowly escaped. AS to the
guilt of the prisoner it had been con-
fessed in open court. No bail less than
$4,000 would be sufficient.
Bail of $1,000 for going in an auto
mobile in broad daylight and burning
two gallons of oil and charring the
1oor!' exclaimed Davis. 1T will be +
denying the right of bail to the poor
to fix any such amount. He will not
run away. have advised him not to
run away. But he has a few little a
matters of business tc fix up and he 4
wants to get out of JAIL
In fixing the amount of bail Judge
De Bolt said it must be taken into con-
sidera ton that this was his home and Il
SO it might be thought he was not SO
likely to escape as one whose home
was not here, and still that did not II
follow. It was not so easy 81
90 escape from here as from some other
places. On the other hand the offense
was serious and his guilt had been
admitted by his attorney in his argu-
ment.
At this Mr.. Davis declared that if
he had said that his client was guilty
1t had been by inadvertence; that he
had only meant to say If he We're
guilty. using the matter by way of
argument.
Judge De Bolt finally fixed the bail
at $2500 No sooner was this done than
Davis asked vehemently for an order
that no sheriff or police officer or any
one but his attorney should talk with
or interview Hart "I don't want any
more headlines in the papers, nor
sweating, nor third degree business"
Judge De Bolt suggested that he Il
could not assume that sheriff or police Il
officer would do anything improper,
and refused to issue any such order.
II warn everybody now" said Davis,
shat if anything of that kind is done
I will bring the, matter to the atten- Il
ton of the court
: Attorney General Herhenway asked
hs courtesy to his office that he
might be informed of the names of
the offered sureties before any bond
was accepted, which Judge De Bolt
said would be done. +
This is the first criminal case I
have had for good while said Da-
Wis outside the court room, land I'll