The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-07-13
THE NOLlE PROse0UI CASE.
BRIEF, ETC.
tCoucluded.)


,eptions thus resolves itself into the
single inquiry whether, after an in
has been found and re-
turned into Court, and before any
proceedings have been had thereon,
the attorney for the Government has
TO enter a nolle prosequi
Or the Indictment. We can hardly
deem this an open question. The
exercise of such an authority is not
only in conformity to the ancient
and uniform practice of the courts
Of this Commonwealth, but it has
been distinctly recognized by this
Court as being reasonable and proper
and not inconsistent with the legal
rights of the defendant.
Commonwealth VS.. Tuck 20 Pick
1856, 365.
Commonwealth vs. Wheeler 2
Mass. ia.
" In the latter case it is expressly
stated by the Court that it is per-
fectly clear that nolle prosequi
may be entered at the pleasure Of
the prosecuting officer before a jury
is empanelled. The reasons for the
practice are there stated, and they
are numerous and decisive. Nor can
we see that there are any valid OBJ
jectlons to it. Such mode Of dis
posing of an indictment cannot in any
way impair or affect the rights of the
accused party in any future prose-
cutions for the same offense. That
it will not be resorted to capriciously
or oppressively, so as to work any
undue hardships on defendants, is
sufficiently guarded against by in
trusting the exercise of the power to
the sound discretion of an officer of
the Government, whose function it
is to watch over and direct the course
of criminal prosecutions, and who
can have no motive to use the au-
thority vested in him in manner in
consistent with due regard to the
rights and interests Of all parties"
Commonwealth vs.. Smith SO Mass.
10.
Cockburn, c. j. cit is the un-
doubted right and power of the At
torney-General, as the representa-
tive of the Crown in matters of GRIM
inal law, to enter nolle prosequi,
and thereby at once to stay pro-
ceedings in criminal suit of Inform
alton, and no instance has been cited,
nor can any be found, in which the
Court, after nolle prosequi had
been entered by the Attorney-Gen-
eral, has taken upon itself to direct
such proceedings to be prosecuted.
Even if this Court should do 50,
there is nothing to prevent the At
torney-General from entering a nolle
prosequi totes QUOTES. "
cit is not for this Court to create
a precedent of this sort where none
before existed-a precedent con-
trary to the understanding Of the
profession-and one that would be
fraught with public mischief. I'm
uCl III
doubt the Attorney-General would
act wisely in calling the prosecutors
before him before he proceeded to
enter nolle prosequi, but there
may be particular cases in which,
from the knowledge Of the facts, or
the particular nature of the charge,
the Acknowledgement might think it
necessary to enter nolle prosequi
without adopting that course. 1t
can not be contended for one mo-
ment that there can have been any
abuse exercised, by one whose func-
tons are of such highly responsible
character but if there had been
and l only put it alphabetically
the remedy is not by an application
to this Court to interfere by the ex-
ercise of its undoubted power and
prerogative, but to hold him respon-
sible before the Hight Court of Par
lament. / am not at all disposed
to establish a precedent in such a
case, and 1 think therefore there
should be no rule"
Crompton, j. 81 am Of the same
opinion. l think we have no power
to do what is now asked of US, and
think we ought not to interfere with
the undoubted power of the Crown
vested in the Attorney-General
There is nothing in the present case
to take it out of the general rule.
think the Attorney-General can in
terfere in any public prosecution
whenever he pleases, and all the
cases referred to are clearly disting-
Unstable from such one as this"
Blackburn, j. 81 am of the same
opinion. This particular branch o.
the prerogative is entrusted to thu
Acknowledgement who on his OWL
responsibility determines whethe
the prosecution shall go on or not
"Mellor, j., eoncurred."
Reg. vs.. Allen, 8 Cox G. G. 1922
1.-The following is related of 81
John Holt, Chief Justice of the X. b.
in the reigns of William and Anne
There were some persons in Londol
who pretended to possess the powe
Of foretelling future events, and VIII
were called the French prophets
Holt having upon occasion commit
ted one of these to prison, discipl
of his came to the Chief Justice
house and desired to see him"
"On being admitted, he said; :
i ooroa f.On, tha ord yyho haHa IN