The Hawaiian gazette., 1910-11-25
LEGAL BATTLES
OVER CHINAMAN
Alleged Embezzler Is Center Of
Storm Before Two
Judges.
tFrom wedne.day 8 Advcrliser.l

Banuled from one courtroom to an
other, Jue 1uen Now, accused in san
Francisco OF felony embezzlement, was
yesterday the cenUer OF bitter legal
pattie, IN wnieh the one object of MIS-
defense was TO secure his release from
the CUSTODY of the local authorities.
Discharged once from that custody,
twice rearrested by the two police pow.
ers OF the Territory, the county and
territorial, summoned and wrItted and
clteu ana answering TO the Kings
taste; al these were OIt a part of que
Auen NOW legal experiences in one
short afternoon yesterday, and If he
does not know the criminal procedure
of Hawaii in its entirety by, now, it is
not the fault of the attorneys.
The history of yesterdays procedure
in the case would need a statistician to
clarity it. At two O'Clock Sheriff Jar.
rett through Deputy Sheriff Rose and
Deputy City Attorney Milverton made
return on the writ of habeas corpus
and High Sheriff Henry, who had been
holding the man, produced him in court.
few minutes afterwards Claudius
Mcbride, the attorney for the Chinese,
took oral exceptions to the return and
on motion of Milverton they were not
allowed as being in proper legal pro-
cedure.
Mcbride then made an oral demur
rer to the return, which met the same
fate for the same reason. After that
he tried an oral traverse to the return
and this managed to stick on the rec
ord. Milverton asked for delay in
which to gather together the evidence
to prove his return. this being hotlv on.
posed by Mcbride. Judge Robinson
finally ruled ON the matter Inv deciding
in favor of Mcbride. saving that tho
sheriff had NOT shown nroner Iyorrant
for the holdinr of +ba ,nan ,nd AZ
charged INN from cnsto5,,
Five minutes Iater inst nc +bo no,,.,,.
freed man walked ont ne +bo hniI5;nS
Dan,,+v Sberisf Pc. - $3.50 =! :,
nm a worron+ s,,nn,, 20 ' ~. IN 's an
Trdra Coonar - III I'm .I,ais
tbo+ +to Cbi,,,,,,,, "as aiieseu
i,s+ioa -, V',a.' ,r ""' q Ivy from
J"S.Ioe' puT uen NOV anu MS attorney
VIZ s!uailS SUI priseq anu the former
I We uiseoneei 5 Heu' chc - however,
neaIu Ine reaulne Oh 'ne warrant and
piohP'ty disappeared over tne h!ng
sViee' horlIoh WIN MS coat talls nylng
IN the trade winds while two special
oihcers took ms client back to the cir
cunt court.
Rose made his return on the warrant
before Judge Cooper, and the case was
set Tor hearing at two O'Clock this
afternoon. just as the officers were
leaving the judges chambers to take
nm to the receiving station, High Sher-
III Henry rearrested Jue Yuen Now on
a warrant sworn to by Judge Robinson
on an affidavit OF Claudius Mcbride for
writ of habeas corpus.
The tired caravan of legal lights
thereupon wended its way to the cham
bers OF Jude Robinson. There Milver-
ton examined the affidavit which had
been sworn to by Mcbride, and discov-
ereu that IL was carbon copy OF the
1lst one ne hau sworn TO on iast sun
uay' ~ even stared tnat tne atnant De-
laeSeu 'naV tne poiice weIe lying 10
laliIoau the man ouI oi lne Territory
on the steamer emma, Whlch salled last
sunday
AS Mebride nad returned 10 ms once,
~ was some tlme be1ore ne could be
iouhd, When the Juuge INFORMED MN
that the warrant had been IMPROVE
IDENTIFY ISSUED ana disehaTged the man
from me custody. OF me hlgh sherlh
MCBRIDE PLEADED 1of a halrhour.s time
IN whlch TO MAKE out an aInuaVlt tnat
"ouLH sallslI tne court, puL tue court
couidn,t see II tnat way, ana nose car
riea on ms prisoner IN IIiumph;
Las1 nIght, however! Msprlue came
10 pat WIN Snother VIII OF naueas COT
pus, winch ne sWore 10 beIOre Juuge