The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-06-04
OPINION OF THE COURT BY
HARTWELL, C.. j.

court IS prlIla IdSI0 culpdDlcs
OPINION OF THE COURT BY
HARTWELL, C. j.
The petitioner obtained write of
habeas corpus April % for inquiry into
the legality of his detention by the
Sheriff under mittimus of the District
Court of Honolulu, which reads as fol-
lows:
elm the District Court of Honolulu,
County of Oahu, Territory of Ha-
wall:
''In the matter of Contempt of Court
of Harry T. Mills Mittimus.
ssThe Territory of Hawaii:
"'To the High Sheriff of the Territory
of Hawaii, his deputy, the Sheriff
of the County of Oahu, or his
deputy:
"Harry T. Mills having been adjudg-
ed, in our District Court, of Honolulu,
County of Oahu, guilty of Direct
Contempt of Court in that he took
part in fight with one F. E. Thomp-
SON, in the courtroom, in open court, and
when the court was in session and actu-
ally engaged in the trial of a case en-
titled. Harry T. Mills versus c. A. De
Cew, on the Goth day of April, A. d.
1908, and having been by said court on
said day summarily sentenced to pay
fine of ten dollars $50 or to be i'm
prisoned until such fine shall be paid,
such term of Imprisonment not to ex-
ceed period of ten days, and it appear
ing that saul fine aforesaid has not been
paid;
''You are ordered to take said Harry
It. Mills into your custody and to cause
said sentence to be executed;
"Hereof fail not.
CRANK ANDRADE,
"District Magistrate of Honolulu,
County of Oahu.
"Dated at Honolulu, this 2lst day of
April, A. d. 1867
The incident referred to in the mitti-
mus is described in the petition as hav-
ing arisen and proceeded as follows: On
Monday, April 20, 1908, while the petit
toner was addressing the court in the
ease referred to, Thompson, the defend
ant s attorney, after accusing the petit
TONER of having insulted him on
former occasion, assaulted, struck and
grappled with him in the presence of
the court, without fault or provoeation
of the petitioner, who assumed an atti-
tude of defense and did not return or
retaliate the assault, but deported him
self strictly upon the defensive in the
endeavor to ward off the attack and de-
fend himself; that Thompson, having
been dragged away from petitioner
through the interference of others, the
court caused the entry to be made in the
minutes of the cause: AT this stage
Mr.. THOMPSON assaults Mr. Mills, and
they had tussled, and they were fined
by the court in the sum of $40 each. Mr..
Mills notes appeal;' that the court
made no Judgment that the petitioner
was guilty of contempt, but issued
mittimus, which, as the petitioner is in
formed and believes and alleges upon
such information and belief, commanded
the Sheriff to take the petitioner into
custody, out not mentioning any acts
showing that he had been guilty of con-
tempt; that upon the same day the pc
titioner filed his appeal to the Circuit
Court and has since perfected it by ten
dering costs, which were refused, and
that the appeal has not been certified to
the Circuit Court or In anywise dis
posed of: that about April 81 the magis-
trate withdrew the first mittimus,
which. as the petitioner has been in
formed by the magistrate, was destroy
ed and another mittimus, of which the
foregoing is a eoopy, was issued.
The petitioner alleges that the NIT
timus under which he is held is invalid
because (a) it is not supported by any
Judgment of the court to the effect re-
cited in ii, and the petitioner has not
been adiudged to be guilty of a direct
contempt; (b) it does not allege facts
sufficient to constitute contempt, or to
show that the petitioner was acting
otherwise than in the legitimate and
necessary defense of his person.
The Sheriff 5 return, April "a, shows
that April %, in response to the writ,
he produced the petitioner before the
Judge, who released him on his own re-
cOgnizanee pending the return and
hearing; that the respondent was re-
straining the petitioner of his liberty
under a Judgment and sentence of the
district magistrate of Honolulu in a
proceeding pending before the magis-
trate April 20. wherein the petitioner
was found guilty of a contempt of court
IN fighting in the courtroom before the
magistrate during the progress of the !
proceeding then pending in which the |
petitioner was plaintiff and one DeCew |
was defendant, and wherein the petit |
TONER, upon being found guilty of con- !
tempt, was sentenced by the magistrate !
TO pay fine of $40 which Judgment |
and sentence were entered by the clerk |
of the District Court upon the records i
OF the court as follows: N"April goth, |
isOS, 1870 D. m. Frank f. Thompson
Harry I. Mills. Each adiudged by the |
court as guilty OF a contempt of court !!
that they took part in fight with
other IN open court while the