The Hawaiian gazette., 1910-01-11
C0NGER- RAWu|NS
CASE REOPENED
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The affidavit which is filed In sup
! port of the petition for writ of ha-
beas corpus is virtual claim that the
petitioner did not have fair show at
the hearing of the previous writ. 1T
sets forth that, at the hearing of the
first petition, "said Thomas ". Raw
Inns and said William T. Rawlins failed
TO produce before the Hon. w. j. Robin
son, at the time and place mentioned in
said writ, the body of her, the said Ada
| L. Conger, and in their return aforemen-
toned excused the nonproduction of
the body of the said Ada f. Conger by
saying that she was physically unable
to come into court.
'That the physical inability of said
Ada +. Conger to appear in court was
| not set forth by affidavit as required
| by the laws of the Territory of Hawaii.
Had No Chance.
"That affiant and his attorney were
handed the said return in the court
room of the said third Judge at few
minutes before two clock p. III. of
the said 4th day of January. 1910, and
had no opportunity whatever to pre-
| pare and file exceptions to said return
or traverse thereto, and had no OPP
| portunity TO produce necessary wit
nesses to controvert the facts alleged
| in said return; that thereupon the at
torney for affiant moved the said third
judge for a continuance of thirty min
utes in order that he might prepare
suitable pleadings and subpoena wit
nesses necessary to maintain and con-
trovert the said return.
| "That said motion was denied by
said third judge, and affiant compelled
to proceed with hearing on said writ
forthwith; that after hearing by the
said third judge, the said writ was by
the third judge denied.
"That during the week last past the
| affiant has sent to the said Ada +. Con
ger by registered mail and by ordinary
mail, special delivery, certain letters,
and the said registered letter returned
to affiant; that for almost year last
past affiant has been in the habit of
corresponding with said Ada F. Con
ger, then Ada +. Rawlins, and receiv-
ing prompt replies to his letters, and
afhant believes, and on such belief al
leges the fact to be, that said Ada f
Conger would not have refused to re-
ceive and answer the said letters, had
she been at liberty to do so.
A Grapevine Service.
"That heretofore, to wit, on the Stl
day of January, 1910 affiant, believing
that it was impossible for him to com
municate with his raid wife by means
of the mails, wrote to his said wife O
letter and caused the same to be
conveyed to his said wife by a ser
want of the said Thomas w. Rawlins
and on the day last aforesaid, affiant
received by means of the said servant
two letters from his wife, couched il
the most affectionate terms, begging
affiant not to give up his wife, and
stating that guard was maintained
at the house of said Thomas w. Raw
Inns; that in said letters the said AID;
f. Conger stated that she had been sici
but was now better.
Afraid of Her Parents.
"That affiant has been engaged tt
marry his said wife since the 10th day
of April, 1909, and said marriage tax
ing place on the 3ist day of December
1909; that during the time from tn,
month of April, 1909, to the month O.
January, 1910, atfiant has been inform
ed many times by the said Ada F. Con
ger that she lived in terror of he
l father, the said Thomas w. Rawlinf
4 and of her mother, the wife of the sal
9 Thomas w. Rawlins.
"That affiant knows that if the sal
Ada F. Conger is produced in court
0 she will state that she desires to leav
s the house of said Thomas w. Rawlin
Z and live with her husband, unless sh
is influenced by fear of the sal
u Thomas w. Rawlins.
"And affiant knows that the state
s ment contained in said return that tn
Q said Ada T. Conger is residing wit
:. her parents of her own free will an
Q accord, and without restraint of an
0 nature whatsoever, and at her own T,
0 quest, and of her own volition, is al
J, solutely false.
h "And affiant further states that h
% said wife is now physically able to al
pear in court in case she is freed frol
is the restraint of the said Thomas v
it Rawlins"
is j. Lightfoot appears on the potitio
Re and affidavit as attorney for Congo
1t in place of Leon Straus, who acted 1
70 attorney in the fiji t case.
1t -s-%-s-
ADVERTISED LETTER LIST.