The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-04-11
WADE SAYS HE'S
OFFICIALLY FREE
Federal Judge Denies Plea
Attorney Is Gently
Rebuked.

United States District Judge :. 3.
!. Dole yesterday morning denied wri,
Of haDeas corpus applied for By
! George wade. negro. who pleaded
guilty to murder in the second de-
gree and was sentenced TO imprison-
nlent at hard labor for life in Au-
gust, 1888.
/ In 1901 Wade was ordered discharged
from custody, in habeas corpus pro-
ceedings. and now he contends that
such order has never been annuIled,
/ hut remains in full force, and that he
/ Is entitled TO his liberty.
/ Upon his second conviction he was
sentenced to imprisonment at hard
| labor for ten years.
| Although Judge Dole has disailowed
| tho petition of Wade, evidence viii
be received in support of the alleged
! decision.
Says the court in it's opinion deny
ing the petition fer release under
habeas corpus:
Practice-Habeas corpus-Proof of
oral decision not entered in the rec
ord: A prisoner brings proceedings
for d writ Of habeas corpus and the
Judge orders his discharge. The re-
sLondent gives notice Of appeal and
the prisoner continues in custody.
Long afterwards he brings new pro-
ceedings in habeas corpus in another
jurisdiction, reciting such former
order Of discharge. The respondent
alleges hearing an appeal Of former
case and that the order of discharge
appealed from was reversed by the
curt and prisoner renanded, but
shows no copy of decision or order or
record Of any kind, only reciting '.as
more fully appears on the minutes of
appellate court. Held, denying prayer
for discharge, that evidence of such
decision would be received with eau
ton and considered.
VARIETY IN COURT LIFE.
Federal Judge Dole yesterday morn
ing found II necessary to admonish an
officer of the court in the person Of
Attorney George A. Davis, inasmuch
as the gentleman named developed too
ardent an enthusiasm In the pursuit
of an idea and failed to clothe lis
sentiments in as gracious text as
was advisable and likewise put 100
large a tone in some of his remarks.
It is seldom, If ever, that the tolerant
incumbent of the United States dis
trict bench has to fall back on dis
cipline to the extent of correcting
lawyer, but in the case of Attorney
Davis, His Honor at least made ii
plain that the dignity Of the tribunal
of which he was the representative
must be maintained. Judge Dole, 1
however, did not do what he might
have done-commit the gentleman for
contempt.
The incident was in connection with
the admiralty case in which five sail
ors are suing the American schooner
A. ]. West. Captain Yarneberg, for
wages alleged to be due, passage
money back to Grays Harbor. where
they embarked, and 800 maintenance
each until they shall arrive at the
port named.
George Davis appeared for the sail |
ors. The schooner sailed on Thursday !
morning for Grays Harbor, the cap |
tain leaving security with the court
for judgment should it be rendered |
against him.
Evidence taken before L. S. Com
missioner Hatch was not ready for
presentation, and the matter was con-
tinued until Friday of next week.
This was the signal for Attorney /
Davis to make remarks concerning
Court Reporter Deas. with whom it |
appears he had a dispute at the be-
ginring of the same case, and after
finishing with Deas the attorney adj
dressed himself to Judge Dole in a |
manner that was offensive, though be
NAV not have intended it in that way.
You have a way Of speaking, Mr.
Davis said the court, (which is very
offensive and even insulting, me
words in themselves are not espe-
cialiy bad, but you have a way of en-
phasizing that changes their com
pIexion You have got to learn to
curb yourself and your language, not
only to the court, but also to your
brother counsel It is noticeable that
you are impertinent, and don't care
to tolerate it any longer"
A CARD FROM MR.. DAVIS.
Editor Advertiser: The evening pa
1ers roasted me for saying in the Z. 5.
court, "Wiu Your Honor hear me?" II
naU committed SOME d"Iul IllAliS IAA~
could not have been more
but I have done the Ter
'itory and Honolulu some service and
therefore when you. Mr.. Editor, These
deeds relate speak of me
rs I am. nothing extemuate nor set
Town ought in malice"
I was forced to resign as Z. S. Com
missioner. after eighteen months of
faithful service; nothing wrong with
ny accounts or the way I performed
ny duty but I was told that as a mat
er of policy, I would be let out on
The 31st Of March. 1908 It seemed an
injustice to me, no matter what the
world might think. Is it any wonder
that I Numbered before the court that
removed me without cause or more
properly forced me to resign. I am
indeed sorry that I gave offence: sorry
that I have not the manners of a Ches-
terfield or the polish Of a LauTier. It
was a bad day. 1 was. sorry that [
ever accented anv office in this Terri