The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-04-14
WADE SAYS HE'S
OFFICIALLY FREE
(From saturdays Advertiser.)

Of habeas corpus applied for by
George Wade, negro, who pleaded
guilty to murder in the second de-
gree and was sentenced to imprison-
ment at hard labor for life in Au-
gust, 1899.
In 1901 Wade was ordered discharged
from custody, in habeas corpus pro-
ceedings, and now he contends that
such order has never been annulled,
! 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 disallowed
the petition of Wade, evidence will
be received in support of the alleged
decision.
Says the court in its 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 writ of habeas corpus and the
judge orders his discharge. The re-
spondent 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 = former
case and that the order of discharge
appealed from was reversed by the
cnurt and prisoner remanded, 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 it 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 his /
sentiments in as gracious a text as
was advisable and likewise put too |
large a tone in some of his remarks.
1t 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 a |
lawyer, but in the case of Attorney |
Davis, His Honor at least made it |
plain that the dignity of the tribunal
of which he was the representative
must be maintained. Judge Dole,
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
for Grays Harbor, the cap
tain leaving security with the couyt
for judgment should it be rendered
against him.
Evidence taken before U. S. Com
miss ioner Hatch was not ready for
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 1t
appears he had a dispute at the be-
ginring of the same case, and after
finishing with Deas the attorney ad-
dressed himself to Judge Dole in
manner that was offensive. though he
may 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. The
words in themselves are not espe-
cially bad, but you have way of en-
phasizing that changes their COM
plexion. You have got to learn to
curb yourself and your language, not
only to the court, but also to your
brother counsel. 1t is noticeable that
you are impertinent, and 1 don't care
to tolerate it any longer"
A CARD FROM MR.. DAVIS.
Editor Advertiser: The evening pa
pers roasted me for saying in the U. S.
court, "Will Your Honor hear me?" If
I had committed some awful crime the
could not have been more
but I have done the Ter
ritory and Honolulu some service and
therefore when you, Mr.. Editor, These
unlucky deeds relate speak of me |
as 1 am, nothing extenuate nor set
down ought in malice"
1 was forced to resign as U. S. Com
missioner, after eighteen months of |
faithful service; nothing wrong with |
my accounts or the way 1 performed /
my duty but was told that as a mat
ter of policy, I would be let out on |
the 31st of March, 1908. 1t seemed an |
injustice to me, no matter what the /
world might think. Is it any wonder |
that I blundered before the court that |
removed me without cause or more |
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 Laurier. 1t /
was a bad day. I was sorry that I /
ever accepted any office in this Terri /
tory at the hands Of my friends. Far /
better for my peace of mind, my finan-
cial condition and for my happiness |
here upon earth. if / had refused to /
accept any Office or honors from my |
friends in this Territory of Hawaii I |
am grateful for all the favors OF the |
past and will endeavor to be like the |
"smoothest courtiers that please the |
powers that are best in the future /