The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-02-20
COUPLE FREED
WITHOUT TRIAL
Habeas Corpus Hearing Today
1.-The Exclusive Case
Special Term.

On the motion of District Attorney
Breckons yesterday, L. S. Commission
er Hatch dismissed Harry F. Dawson
and Florence K. Berndt, who had been
at large on their own recognizance un-
der a charge of violating the Edmunds
Act.
NATURALIZATION
John Nevin, British subject hail
ing from Neville, Ireland, yesterday
fled a petition for naturalization in the
Federal court. Morris Rosenbledt and
Joseph Fleming McKechnie are his
sponsors.
WADE HABEAS CORPUS.
George Wade's petition for a writ of
habeas corpus is set for hearing before
Judge Dole this morning. Although
Wade was tried and sentenced twice
for the killing of Gillespie in 1899. it is
under his first conviction of murder
in the second degree, with sentence of
life Imprisonment, that he is held in
the Territorial penitentiary. Although
Judge Robinson discharged him on
habeas corpus on the ground that ne
had not been indicted by a grand jury,
the Supreme Court of Hawaii was sus-
tanned by the supreme Court of the
United States. in the Manzichi case,
is holding that the constitution did not
follow the flag, during the transition
period between annexation and the in
stitution of the Territory of Hawaii,
and therefore an indictment by grand
jury was not essential to a legal con-
viction here in that time.
Wade was arrested and tried a sec
ond time to hold him in the grasp of
the authorities until the question of
grand jury Indictment was decided.
Being found guilty of manslaughter in
the first degree at this trial he was
sentenced to imprisonment for ten
years. When, however, the highest
court of the nation decided the grand
Jury question as stated. Wade's first
sentence had full force and effect. Had
the decision been otherwise the second
sentence, following indictment by
grand jury, would probably have held
good on the theory that Wade was not
placed in jeopardy a second time, be-
cause the first trial would have been
a nullity-the same as if it had never
taken place-had it been Illegal.
THE EXCLUSION ACT.
Another day without finish has
been taken up by the examination of
the Chinese woman, 500 Kwai Yin,
charged with being unlawfully in the
aountry, before U, S. Commissioner
Hatch.
Yesterdays proceedings We're inter-
esting from the presence of Rev. E. W.
Thwing on the witness stand, the more
he
tween Judge Humphreys, of counsel
for defendant and Mr.. Thwing the day
before Judge Humphreys accused
him of tampering with a witness in
the corridor at the noon recess, and |
Mr.. Thwing explained that he had but
told the witness. an old man, to an
swer that he did not know if asked /
questions about matters of which he |
really did not know.
Mr. ThWing was asked by Mr.. Mil
verton, in cross examination yesterday, t
f his reason for giving information |
against defendants marriage to a
member of his church-who, it is
sought to show, had another wife liv-
ng-was not because the man had en-
0loyed a native minister instead of
himself to perform the ceremony. Mr..
rhwing emphatically denied the fnsin-
lation, but admitted that the mans
going outside for a minister was one
# the suspicious circumstances dis
ussed at the church meeting. "A very
mall item of the evidence" be added.
"A two-dollar graft Judge Hum
,hreys sneered in an aside"
Mr.. Thwing admitted he had helped
he prosecution in the course of this
having furnished it with
suggestions in the form of ques-
ions. But he said he had also helped
he defense.
I'VE haven't received any list of
questions from Mr. Thwing, have we,
DR. Milverton?'' Judge Humphreys
sked his associate.
Not that you could notice. Mr.. Mil
erton replied.
THE SPECIAL TERM.
A number of serious cases will be
ried at the special term of the United
states District Court to open. on Mon
ay One is that of John Wynne, I'M
er indictment from the regular term
or the murder OF McKinnon on board
he steamer Rosecrans. Melville NJ
Harmon, the Mormon elder is dock
ted for perjury from the regular term.
acob Rosenberg, whose several indict-
1ents at that term for receiving goods
tolen from the United States came to
othing, stands committed to the
rand jury on various charges of the
anne kind. Moses Koki, the Kamuela
ostmaster is held for embezzlement
+ postoffice funds and may be indicted
Or the stealing of registered package
6 Cavora1 thousand 1OTIarS IN GOLD