The Hawaiian gazette., 1910-11-22
writ OF HABEAS
CORPUS SOUGHT
Attorney Prevents Police From
Taking Alleged Coast En-
bezzler Back.
lFrom Monday s Advertisor.l }

! (from MONDAY AuNertlSer.)
Stopped within few minutes of the
sailing Of the p. NJ. S. s China by al
writ issued by Judge Robinson, Chief
McDunie and a prisoner, Jue Yuen Now,
yesterday missed their boat and both
are still residents of the Paradise of
the Pacific. Attorney Caudius Nc
Bride is chiefly responsible for the
lamentable occurrence, incidentally max
ing the discovery that fugitive from
justice is as safe from pursuit or ap.
prehension in Hawaii as If he was on
another planet,
McDufie was up all Saturday night
and Sunday morning packing prepare
tory to taking the steamer to San Fran
cisco in accordance with the cabled in
stuctions of Chief of Police Seymour
of that city to have an officer bring
the prisoner across.
Mcbride stated yesterday that he had
been retained by friends of Juc Yuen
Now Saturday afternoon, but had de-
cided to wait until Monday before com
menciug proceedings for writ of
habeas corpus. Reading in The Adver-
tiser yesterday that the prisoner was to
leave for San Francisco on the China
at his own request he halted what he
claims to be an outrageous injustice to
an American citizen by swearing ont
an affidavit before Judge Robinson to
the effect that Jue Yuen was being il
legally restrained.
In his office yesterday Mcbride stat
ed that during the impromptu proceed
ings the court asked Milverton, who
was representing the Territory, whether
a warrant had been sworn out IN San
/ g. Al. -
latter was compelled to reply that he
had only received advices that such was
to be done. The court, says Mcbride,
then laughed at Milverton, saying that
he might have advices that he (the
: iudge) was an embezzler and forthwith
issued the warrant which stopped the
trip.
After the warrant was served, the
prisoner was turned over to the custody
of Pat Gleason of the high sheriff Is
: staff, who was more accommodating
than the police had been and permitted
the man to be taken to McBride's of.
fee, where attorney and client held
consultation. Chief McDufie claims
that the man was still being held for
investigation, although the custodian
had been changed, and said that Glea-
son had overstepped his duty.
Mcbride Tickled
"'McDulie thought he d be too smart
for us, but he got fooled,'' said Nc
Bride yesterday, immensely pleased
over the work he had done on such
short notice. "Tbere is such a thing
as extradition papers. McDufie has
been trying his cases too much in the
press.
Mcbride claims that the police were
attempting to railroad the man to San
Francisco contrary to the extradition
laws, and that in this they were only
duplicating many other similar cases
where they had ignored these statutes.
Mcbride is, however, hardly liable to
prove the assertion in court, as Sher-
! iff Jarrett and McDafIie have an aft
davit signed by Jue Yuen Now where
he expressed his desire to return at
once on the China.
Charge oabled
Jue Yuen Now is charged with felony
embezzlement, according to the cable
from San Francisco, and ON Saturday
admitted to Chief McDuhie that the
$l3 900 which was found on him belong
ed to the society in San Francisco. The
officers asked him if he would be will
ing to return on the Sierra and he said
that he would rather leave at once
on the China. He then asked if the
check would be returned to him upon
landing in Frisco so he could cash them
and pay back the money AS stated in
The Advertiser yesterday, the man is
afraid of the San Francisco highbind-
ers and he evidently requested this
that he might make his peace with
them.
Now however, it seems that long
legal battle must be fought before the
man can be taken away from the Ter
ritory even in the face of the fact that
Mcbride stopped him from taking a.
trip that he suggested himself Nc
Bride. Incidentally, now claims that
the officers extorted the affidavit from
the Chinaman,
Must Be Formality.
Mcbride pointed out that to hold a
man under arrest he must be served
by due process of law with a warrant
properly made out If he committed the
crime in the Territory. If he commit
ted it in San Francisco, he says, there
must be warrant duly authenticated by
the governor of California and in this
case, he concludes, there is neither.
He also claims that the law does not
recognize any such officer here as the |
chief of detectives or even the chief !
of police in San Francisco. "The law |
does not bother with these police Of
ieers, at ALL he ADDED.
Temple Of Refuge.
If Mcbride makes good his contention |
in court II appears that anyone com |
hitting q murder or. so in Frisco can |
skip across TO Hawaii and take a yaca-
tion until the officers arrive here with |
oxtradition papers and then slip some
where else ana force said officer 20 go |
back and have the papers made out all |
over again.
Meanwhile he could be dining with |
the despised chief OF detectives, send
Ing bouquets 10 the sheriff and show
ing the officers other marks Of his es'
TEEN with impunity, safe against ar
rest. Hawaii would soon be a summer
resort OF South 0f Market, Promotion |