The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1913-09-02


and issued by Associate Justice An.
tonic Perry.
The prisoner who is now at the
county Jail, signed to the paper the
name by which he was called in the
cable asking for his arrest-Oswald
Markwick Rosario, adding sometime
called c. R. de Sanchez
Writ Returnable Tomorrow.
The petition alleges that Rosario, to
give him what is undoubtedly his
right name, has never committed
larceny, or forgery or any other crime.
The arrest says the petition was in
violation of the petitioners rights guar
antecd by the fourth amendment to the
Constitution rs well as the fifth and
fourteenth amendments.
The writ is made returnable at ten
o clock tomorrow. At ten O. clock to-
morrow morning the p. NJ. 5. s. 81
IBERIA on which Chief of Detectives Me
Duilie and his prisoner are booked for
passage leaves for Shanghai
Proceeding, the petition says:
"That directly after he was impris
oned your petitioner has been deprived
by the said Jarrett and the said Me
Duilie of the privilege of consulting
with some counselor-at-law concerning
his rights in the premises herein
stated, the said McDuflie stating to
petitioner that he would advise him
and protect him in all of his rights,
and that if petitioner would forego con.
sulting an attorney and would quietly
return to Shanghai, aforesaid, with
ba MnIl fNTin
dition and all other proceedings calcu-
lated to safeguard petitioner s rights
in the premises, he, the said McDuffie,
would treat him with great considera-
ton and kindness and would allow him
to receive his, petitioner s, wife daily;
that petitioner was induced to believe
from statements made to him by said
McDutlie that if petitioner attempted
to consult counsel with reference to the
premises of this petition, or attempted
to impede or obstruct him, the said
McDuiiie, in transporting petitioner to
Shanghai, aforesaid, petitioner would
be harshly dealt with by him, the said
McDuffie, and would be denied the right
to see his, petitioners, wife, and in
this connection petitioner shows to your
honOrs that his said wife is a young.
unsOphisticated German woman, with
out family, friends or acquaintance in
this community, and that she is greatly
distressed and unstrung over petition
er s plight.
THAT petitioner, being anxious to
see his wife from time to time and
afford her such comfort as he might in
the situation being also denied the
| privilege of consulting with counsel,
and being also thereto continually
pressed by the said McDune, signed
some sort of paper or ocument, which
was presented to him by said McDuilie,
wherein and whereby petitioner is in.
formed (and said McDufHc claims) he
varied his right to warrant of extra.
dition and consented that, without any
legal proceedings whatever, he would
accompany the said McDufiie to Shang.
hal, aforesaid.
That the paper or document lust
referred to was signed by your peti.
toner under the duress above men.
toned, and in ignorance of his rights. -
Aud it continues:
That when petitioner was arrested
and imprisoned, as aforesaid, the said
McDutlie took from your petitioner
without giving him any receipt there.
for, gold watch, of the value of $l25;
a gold chain, of the value of 500; a
gold locliet of the value of $o5: let.
ter of credit, issued to petitioner by
the international Banking Corporation
at Kobe, in the Empire of Japan, fol-
the sum of $3.50, and upon which peti
tioner has drawn the sum of $3.50; and
a draft, issued by said corporation, al
Kobe, aforesaid for the sum of $3.50
on the Bank of Hawaii, Ltd. at Homo
lulu, payable to the order of petitioner
That your petitioner desires and i.
entitled to have the possession and use
of said property and all thereof, to the
end that ne may provide for the obi
cations he has contracted with respect
to these premises, and also that he MAY
make provision for his said wife AMI
for himself, during the tendency OF
these proceedings,
Denies Making Promises.