The Hawaiian gazette., 1907-01-18
KE|zO WILL NOT
HANG TUESDAY
His Execution Stayed Under an
Appeal to the Federal
Supreme Court.

Morita Kelzo's execution for murder.
under the death warrant appointed for
Tuesday next. has been forbidden by
writ of supersedeas issued out OF the
Territorial Supreme Court. An appeal
of the condemned man. on n writ of
error to the court Just named. goes to
the Federal Supreme Court.
In one respect the Advertiser of yes
terday was under Misrepresentation
in its report of habeas corpus proceed
ngs on behalf of Keizo 1t was not
from U. S. District Judge Dole that
the temporary writ was obtained by
Mr.. Humphreys, but from Chief JUS
tice .Frear of the Supreme Court.
Yesterday morning the Supreme
Court denied the petition for writ of
habeas corpus, but granted petition
for IL writ of error--a clear right of the
prisoner-on which a writ of super
sedeas to stay the execution of the
last penalty of the law was issued.
The granting of the prayer for writ
of habeas corpus by discharging the
prisoner would have been reversal
of its former decisions, as the ground
of the petition was the same as that
of Keizo's appeal to the Territorial
Supreme Court and of his subsequent
motion for a rehearing-namely, the al
legged illegality OF the grand jury that
indicted Keizo from the fact that eight
of the grand Jurors had been natural-
ICED by the Territorial Circuit Court.
The course taken by the prisoners
new counsel Is more surely direct than
would have been a writ of habeas cor
pus out OF the u. S. District Court.
This latter was an alternative to the
mode of n direct appeal which his for
mer counsel, Mr. Gear, had fully pre-
pared to use.
Following is the form of the writ OF
supersedeas issued:
United States of America.
In the Supreme Court of the Territory
of Hawaii, October Term, 1906.
Eek parte In the matter of the pc
tition of Morita Keizo for writ of
habeas corpus.
SUPERSEDEAS.
The Territory of Hawaii to Will
liam Henry, High Sheriff of the Ter
ritory of Hawaii, Greeting:
Whereas, Morita Keizo has filed
writ of error to remove the judgment
and the record and proceedings in the
above-entltled matter to the Supreme
Court of the United States, and where
as said petition for writ of error as
60. Ia, oil md hn
bond of costs on said writ of error has
been fixed at the sum of two hundred
and fifty dollars, and whereas the said
bond for costs has been duly given
and the same approved, and whereas
1t is represented to us in said petition
for writ of error that the respondent
in the said matter, to wit, William
Henry High Sheriff of the Territory
af Hawaii, has in his hands a death
warrant for the execution of the said
petitioner on the END day of January,
A. d. 1907, therefore these are to COM
mand you the said William Henry,
High Sheriff of the Territory, that you
do absolutely surcease desist and re-
frain from the execution of the said
death warrant until the final determi-
nation of the proceedings under said
writ of error.
Witness the Honorable w. F. Frear.
Chief Justice of the Supreme Court,
Territory of Hawaii, this 18th day of
January, A. ID. 1907.
j. A. THOMPSON, Clerk.
Let the above writ Issue.
w. r. FREAR,
Chief Justice.
Honolulu. January II, 1907.
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