The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-09-28
HART'S BAIL IS
FIXED At $1,000
Lionel Gets the Benefit of the
Barons Stand at
Runnymede.

wen see whether the third de-
gree goes in this court" said George
A. Davis as he turned the leaves of a
law book in Judge De Bolts court
yesterday afternoon.
A moment later the Judge took his
seat on the bench. The case before
him was the application to admit
Lionel Hart, charged with malicious
burning in the second degree, to BAIL
Hart was in court, brought thither
by High Sheriff Henry in response to
an order issued by Judge De Bolt
earlier il the day on application Of
Davis. to produce Hart forthwith. At
torney General Hemenway appeared
for the Territory and the High Sheriff,
and stated that, the order having di
rected the production of Hart forth
with, there had been no time to file
a written report. but the High Sheriff
was in court with the prisoner. Davis
waived a written return.
.If Hart had shot at Charley Hus-
tace,' began Davis. "and missed him,
he could have been prosecuted for un-
lawfully discharging firearms, but not
for killing Hustaee. though he might
have killed him.
But suppose. in shooting at Char
ley Hustace,'' interrupted Judge De-
Bolt. s-he had missed him, but hit
County Attorney Cathcart, what could
he have been held for?"
81 appreciate the point your honor
makes" replied Davis a little less
than he had begun. And,
Of course, If in missing Charley Hus-
tace my client had hit County Attor-
ney Cathcart,. he could be held for
assault. But Hart in this case has
burned What was it you burned 2'
Davis said. addressing Hart, and |
stepped over to where his client, the
prisoner, sat beside High Sheriff I
Henry. Then, after a sotto voce con-
versation, Davis resumed: Hart in
his case burned two gallons of oil and
.harred the door in a tumble-down old
building on land for which the Bishop
Estate charges the government an ex-
,rbitant rent. It is not what ne might
lave done. He might have burned
Iown the building and started con-
that would have destroyed
he city. But he didn't. Twist and
urn the confession as he may, the At
orney General, who comes from lib
rty-loving State near my own, from
Yernont, or is it New Hampshire?
rom Vermont, thank you. You come,
4r. Attorney General, from the East,
nd bring with you Eastern ideas
,hich I hope you viii carry into the !
erformance of your duties. You are
graduate of Yale College; but you !
an not turn or twist the act or my ]
lient into anything more than the {
urning of two gallons of oil and /
barring the door; and you want to ]
eny him bail for that. But since the
arons at Runnynede demanded and I
btained of King John the charter of I
ngIish liberties, every man charged !
18th an offense has a right TO bail; ana i
ne Constitution declares, and though +
have never seen it construed IN this c
erritory, / hope it will be some time, )
nat excessive bail shall not be re- c
uired nor excessive fines imposed, nor 4
-uel and unusual punishments in
icted. g
.sNow. your honor. our statute pro- i
des that in the fixing Of the amount &
bail it shall not be so fixed as to t
sprive the poor of the benefit OF 1t. d
Continued on Page Two.1 t