The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1888-03-15
Motion to Quash the Warrant of
Arrest of w. S. Luce is Over
ruled.
Motions TO Vacate the Search War
rants Argued and Subn tied.

ford and Deputy Attorney General A.
2. Peterson for the Crown; A. S. Hart
we'll, F. NJ. Hatch and W. A. Whiting
for defendant.
Mr.. Ashford was about to read the
warrant of arrest, when Mr.. Whiting
claimed that defendant could not be
called until advised to appear. He also
desired the Court to consider a notion
in regard to the search warrant.
(The day of March on which the war
rant of arrest was made returnable had
been left blank.)
His Honor said the case could not be
heard in the absence of defendant
Mr.. Ashford had no objection of going
into the question of the legality of the
search warrant at this stage.
Mr.. Whiting said the search warrant
did not order the body of defendant to
be brought before the Court, and he had
not been notified to appear. There was
no objection to his being in Court, but
at present he was out on bail, and could
not be called upon to appear.
warrant of arrest be quashed, it being
informal and insufficient. Ii that war
rant were held to be good the defendant
would appear to plead; if not, he asked
for dismissal.
Mr.. Ashford claimed that the mere
omission of the day did not render the
warrant invalid. Defendant, having
been legally arrested, could be produced
at any time.
Mr.. Hatch contended that defendant
was not in custody, having been released
on bond, and there was nothing to COM
pei him to appear on any day.
Mr.. Ashford was prepared to show
that defendant had undertaken, through
his counsel, to appear when requested.
Mr.. Whiting did not acknowledge that
Mr.. Ashford--If you did not say, 81
will produce Mr.. Luce in Court tO-mOr-
row." you never said anything in your
life
Mr.. Whiting admitted having used
those words, but not in reference to the
search warrant.
His Honor drew attention to that sec
ton which enjoins upon the Marshal the
production of a prisoner within 48 hours.
He never heard of dismissing a war
rant without the production of the pris-
oner. It was perfectly competent for
the Attorney General to ask that the
warrant be amended.
Mr.. Peterson moved that the warrant
be amended by inserting the words,
''14th day of March at 1 p. M"
The motion was granted.
Mr.. Hartwell moved to quash the
search warrant, on the grounds that 1t
was illegal and unauthorized.
Mr.. Ashford asked for time until p.
m, to prepare an argument.
Mr.. Hartwell said there was no statute
under the Constitution of this country to
authorize the getting of evidence from
man for the purpose of securing con-
viction against him on a criminal charge.
1t would be against that clause OF the
Constitution which provides that no
man shall be compelled to become a wit
ness against himself. He then quoted
the law in support OF his contention.
The warrant did not say what particular
| books or how many, and it was for that
reason defective.
Mr.. Whiting asked that the books
seized under the warrant be PLACED IN
the custody of the Court until the point
! should be decided.
| ,of fn lNiX
and the case was continued to l p. IN.
THE CASES AGAINST MACFARLANE AND
HAYsETDEN.
| Paul Neumann and f. NJ. Hatch for
the defense.
Mr. Ashford took the opportunity to
explain why the warrant autho-
rizing the arrest of Mr.. Hayselden had
/ been made returnable on April 18th.
| The defendant being on the point OF
leaving for San Francisco when arrested,
| it was only reasonable for the Crown to
! grant him this concession otherwise he
might be put to very serious inconven-
| fence, and perhaps damage.
His Honor presumed that Macfarlane's
case would not be heard in the absence
of Hayselden.
Mr.. Ashford did not insist upon it.
Mr. Neumann said they were ready
! with Macfarlane's case to-day and they
had a right to be heard at the earliest
! time possible.
Mr. Whiting said that motion had
been filed to dismiss the search warrant
| in Macfarlane's case.
Mr.. Ashford was about to present an
amendment of the complaint, when Mr..
Hatch objected to anything beyond what
| was contained in the warrant of arrest