The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-12
M|TT|MUS WAS
GOOD AUTHORITY
Equity Not Shown as Yet in
Claim Against Benefit
Association.

In the matter of the application of
Ching Tai for a writ OF habeas corpus.
the Supreme Court has rendered a
written opinion following its oral one
Of some days ago. It's syllabus reads:
1.-The petitioner, who had been con-
victed in the Circuit Court and SEN
fenced to imprisonment, was released,
pending exceptions, upon giving a bail
, bond to the High Sheriff, who, upon
the dismissal of the exceptions and
notification thereof to the Circuit
Court, took petitioner into custody
without further order or authority
than the original mittimus. Held that
petitioner was not entitled to be dis
charged upon habeas corpus"
Chief Justice Hartwell is author Of
the opinion. in which he is Joined by
Associate Justices Wilder and Ballou.
Breckons and Thayer represented the
petitioner, and NJ. F. Prosser the re-
spondent.
Ching Tai was one Of the sixty-eight
gamblers arrested by the grand jury
while on a tour of inspection. The
facts of the appeal by the petitioner
from the Circuit Judges denial Of his
application for release on habeas cor
pus were set forth in the previous
opinion denying the petitioners mo-
ton to be admitted to bail pending this
appeal The conclusion of the opinion
is as follows:
when the exceptions We're dismissed
and the trial court notified of the dis
missal there was nothing which further
stayed execution of the sentence and
the High Sheriff required no further
order to carry out the direction in the
mittimus to execute the sentence which
had been pronounced by the court.
THE mittimus being a legal cause
for the petitioners imprisonment his
petition to be- discharged cannot be
granted.
at would be well if either a rule of
court or statute provided that upon
the dismissal of exceptions the Circuit
Court notify the High Sheriff accord
ingly in writing in order that there
may be no question in the matter.
1.-THE order appealed from is affirmed
and the petitioner is remanded to the
custody of the High Sheriff.
EQUITY NOT SHOWN.
Judge De Bolt sustained the demur-
rer and dismissed the bill in the suit
of Josepha Augusta Ferreira Cardozo
against Sociedade Portugueza de Santo
Antonio Beneficente de Hawaii; a Ha-
1 u II for
plaintiff: A. Perry for defendant.
| The ground of dismissal was that
plaintiff had an adequate remedy at
law and there was no occasion for an
equity suit of discovery. Plaintiff was
allowed ten days to amend the bill, her
| counsel believing he could find grounds
for bringing a suit in equity. It is
claimed that more than $1400 from the
funds of the defendant corporation is
due to the estate of plaintiffs husband,
Manuel Medeiros Cardozo, who died at
| Makaweli on March 26, 1906.
THE FEDERAL COURT.
Isabella Salamanca and Nectario J,
LUZ were put on trial for adultery be-
fore u. S. Judge Dole yesterday morn
ing. w. T. Rawlins appeared for the
United States, and c. F. Clemens and
A. G. Correa for the defendants. The
jury consists of Charles H. Atherton.
S. A. Walker, w J. Dyer, VIM. III.
King, Samuel Parker, John Cassidy.
E. A. McInerny, w. F. Hebron, Il. c.
Bond, William Chalmers, j. N. Woods
and Daniel Lowell. The trial will hard
Iy be ended before tomorrow.
CASES DROPPED.
Nolle prosequis We're entered before
Judge Lindsay yesterday in the re-
spective cases of Mage, assault and
battery, and Joseph K. Clark. docket
ed for new trial for selling liquor
without meals on Sunday in his
licensed cafe.
COURT ITEMS.
Judge Robinson will render deci-
sion today, on plaintiffs motion for
leave to amend his complaint, in the
| 100000 suit of William j. Lowrie
against James B. Castle and others.
! Judge De Bolt approved the accounts
and granted the discharged of L. A
Thurston, administrator Of the estate
of Julia Anthem Patty, deceased.
| In the matter of the estate of Au-
gustine Enos, deceased, the Supreme
Court requests oral argument covering
a variety of questions stated.
| o. r. & L. Co. VS.. James Armstrong
was argued and submitted before th'
Supreme Court yesterday.
|
IFFDFRiI RIIIIDING