Honolulu Republican, Volume IV, Number 494, 11 January 1902 — DAVIS HOT ON TRAIL OF PERRY [ARTICLE]

DAVIS HOT ON TRAIL OF PERRY

Associate Judge is Declared Unfit for Supreme Bench. STRONG CHARGES HIDE PUBLIC CLAIMED PERRY HAS VIOLATED CONSTITUTION OF THE UNITED STATES. Dyiratic Attorney Proposed to Pro ceed to Washington and Command the Ear of Attorney General Knox—Junst Said to Knew But Little of Law and is Incompetent. SAN FRANCISCO. Dec. 29 —An effort is to be made to oast from the Supreme bench of Hawaii Asso- ;ate Justice Antonio Perry, who has been a member of that high court s;n-the United States took possession of the Haw aiian Islands. George A. Dav>s, a leading attorney and former Juoge of the Circuit Court of Hawaii, .s nowhere on his way to Washington to ask United States Attorney General Knox to depose Perry. The latte r will be charged with incompetency generally and sp*-< ifi. ally with violating the Constitution -f the United States in the conda- • of a ci iminal case. Davis said yesterday "Justice Perry is unfitted for his position cm the Supreme bench by lack of j training in legal matters, in the first j instance —for. as a lawyer, he never; tried a case in his life. His many, blunders during the dying days of the! I»oIe oligarchy have been severely censured by the Hawaiian attorneys, who have openly expressed their opinion of his unfitness. And yet. upjn| the formation of the Territory, thisj same Judge was recommended by I some persons In Honolulu, who evi- j dently misled the Department of j Justice in Washington and secured i his appoinntment as Associate Judge. One of the most serious blunders, of Perry's Judicial career, and one [ which 1 will make special mention of to Attorney-General Knox, was his sitting on appeal in a case of the Territory of Hawaii against Osaki. a Japanese. As a Circuit Judge Perry, under a peculiar statute, exercised the functions of a grand jury' an d found ; a true bill against the prisoner for' murder in the first degree and certified that there was proper cause to try him Then, as a Circuit Judge, he did try him and sentenced him. “The trial of the prisoner and his | conviction and sentence took place, after the change of sovereignty He was put upon trial without being indicted by a grand jury, in express violation of the provisions of th- United States Constitution. \n application , was made on behalf of the prisoner ■ by myself and associate counsel to [ Judge Gear of the Circuit Court for a writ of habeas corpus. Judge Gear issued the writ, and the prisoner was ordered discharged from cisti dy. At-torney-General Dole, in th* absence of a statute allowing an appeal < n behalf of the Territory, appeal. ■. v the Supreme Court of the Territory. A protest was entered against J .slice Perry hearing this appeal, but he overruled the protest, and. in * xpress violation of the provisions of the organic act, hea d this appeal and af firmed the sentence which he had himself uttered. "I then made application to Judge Estee of th United State- Idstriet Court for a writ of habeas cot pus. and Judge Estee overruled the decision of Justice Perry, affirmed the judgment of Judge Gear, and ordered the prisoner to be discharged. Now the Attorney -Genera! of Hawaii has appealed the i use to the Supreme Court of the Unit* c State* and 1 am going on to plead for my client. I will present the facts of this case to Attor ney General Know, and will ask him to oust Justice Perry. Asso, late Justice Galbraith of the Sup-enie Court of Hawaii, who rendered a dissenting opinion from Jus lice Perry and Chief Justice Ftvar. said; 'As an acrobatic' performance, the court must admire the reasoning and decision of the majority of the Supreme Court, but as a solid con elusion of an appellate tribunaJ it is without precedent and without rea son.' " This adds new fuel to the judicial scandals which have raged tn Hawaii since annexation. When the news ol Davis' mission reaches Honolulu a pretty row will be stirred up. for il ha* been kept a secret so far