The Hawaiian gazette., 1910-01-14
FEARS WIFE WILL
Be SHANGHA|ED
Omar David Conger by Attorney
Asks Court to Prevent Her
Sailing on Alameda.
ROBINSON DENIES THE MOTION
Husband Is Making Desperate
Effort to Regain Bride
He Has Lost.
ROBINSON DENIES THE MOTION
tFrom Wednesdays Advertiser,

From Wednesdays Advertiser)
Is Ada F. Conger, nee Rawlins, to be
shipped off to the mainland on the Ala
media this morning in order to circum-
vent her husband, Omar David Conger,
| who is trying to get possession of his
bride and who claims that she is i'm.
prisoned by her father? j. Lightfoot,
attorney for Conger in the habeas cor.
pus proceedings brought before Judge
Robinson yesterday for the second time
expressed in open court the fear that
an attempt would be made to get the
girl out of the country and out of the
jurisdiction of the court, and he asked
Judge Robinson to issue an order to
prevent any such move being made.
Robinson, however, refused, on the
ground that Ada F. Conger is sui juris
and he has no jurisdiction over her.
Judge Rules for Respondents.
The habeas corpus case came on for
hearing at two O'Clock yesterday after
noon but nothing conclusive was done,
a continuance being granted until two
| o CLOCK this afternoon, on motion of the
attorney for the petitioner. About all
that happened yesterday was an un.
usual amount of scrapping among the
lawyers engaged in the case, j. Light.
foot, for the petitioner, Conger, being
opposed to r. w. Breckons and A. G.
NJ. Robertson, for the respondents The
rulings of the court in this second
habeas corpus case, as in the first case,
were nearly all adverse to the peti,
toner.
Ada F. Conger was not present in
court, Notwithstanding the fact that the
writ of habeas corpus directed to
Thomas w. and William 7. Rawlins
commanded them to produce the body
of the girl in court. w. 7. Rawlins
was unable to be present, being very
sick at his home. Thomas w. Rawlins
and Miss May Rawlins, however, were
present.
The hearing began with the reading
by Lightfoot of the petition for a writ
of habeas corpus and the affidavit Of
Omar David Conger by which it was
supported and the substance of which
, was published in The Advertiser yes
, terday.
) Following this A. G. NJ. Robertson
iOdu thC iCIulu, WulCi WAS utllldl VI
the charges made in the petition and
affidavit that Mrs. Conger is held in
restraint by her family. The return
set forth that the respondents have no
control over the custody of the girl,
who is of age. 1t further stated that
Mrs. Conger had consented to appear
in court in obedience to a subpoena
served on her.
Lawyers Were Mixed.
This, however, appeared to be a mis-
take, for Mrs. Conger was not present
and when Lightfoot demanded that she
be called, there was NO answer to the
= bailiff's repeated call of her name. 1t
i then appeared that there was a mis-
v understanding between Breckons and
y Robertson and that it was the sister
o Miss May Rawlins, who had been sub.
a poenaed.
/. Breckons made the statement that
q Mrs. Rawlins had told him that Mrs
Conger was unable to appear in court
# Lightfoot demanded to know whether
,f or not Mrs. Conger was to be produced
n in court. Judge Robinson said he
a. thought the return spoke for itself. Th,
n. person in whose behalf the writ wa!
d issued was sui juris, he said, basing hi
% statement on the return, and the re
" spondents had no control of her.
Lightfoot retorted that, ON accoun
It of the fact that he had not been extend
" ed by counsel for the respondents tn,
4. usual courtesy of being given a copy o
ty the return and had not even seen tn
r. return until it was read in open court
r. he was unable at that time to travers
&c the return formally, but he woul
traverse it ore tenus, if the court woul,
es permit. He wished to deny the allega
ID tions of the respondents that Ada L
he Conger was not in their care, custod
n. and control.
n An acrimonious scrap occurred bt
tween Breckons and Robertson on on
90 side and Lightfoot on the other, j
O. which lefthanded compliments wer
ce freely exchanged. Lightfoot move
us ents to file a proper return and to Civ
he him time to file written traverse {
es. the return aud to secure the body {
ch Ada i. Conger, if not in response to IL
ell writ of habeas corpus, then by the !
snance of subpoena.
ST. After some discussion, Judge Robi
nv son granted continuance until tN
lat o clock this afternoon, at which tin
ief the matter will be resumed.
u.s. Fear Wife VIII Leave Hawaii.
After the continuance had be-
granted, Lightfoot suggested that
would not he out of order for the judi
TO make an order prohibiting the !
spondents from allowing Ada II, Cong
90 leave the Territory on the steam
which sails for the Coast today. Ro
inson, as stated above, refused 10 gra
the motion, niating that The return
= a The respondents alleged that the 3
III WAS not III their control, Llghifooi
Jill piled sharply that his traverse denl
the truth of tho statements made
the respondents 10 their return and y
ate certainly worthy of eredener, bat ~
ia, lnson refused "a consider the matter
0n an ang the euse gent 0feF until q
sta afternoon.
lan IL an attempt l. made % chip n