The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-12-15
COOKS CASE.
THE ALLEGED DEFAULTER
IN COURT.
Justice Bickerfon Takes a Point
Under Consideration and
the Case Goes Over.

Joseph B. Cook. the alleged default
er, who is wanted in San Francisco
on charge of embezzlement, was in
the Supreme Court yesterday morn
ing accompanied by his counsel,
Hon. c. w. Ashford.
It will be remembered that the
Attorney General had asked the
Supreme Court for an order to place
Cook under arrest until the arrival of
a police officer from San Francisco.
Yesterday morning was the time set
to hear the matter before Justic g
Bickerton.
Attorney General Brown asked for
an order of arrest and read the com
plant, from which the following ex-
tracts are taken:-
In the Supreme Court of the Ha-
waiian Islands, before the Honorable
II. +. Bickerton, Associate Justice of
the Supreme Court.
The Acknowledgement of the King
dom respectfully represents to Your
Honor that he is informed and
believes, and upon such informa-
tOfore, to-wit: on the 5th day of
Cook was a public officer, to-wit: the
duly appointed, qualified and acting
Clerk of the Police Court of the City
and County of San Francisco, Ia mu-
nicipal corporation, then and there
and therefor organized and existing,
under and pursuant to the laws of the
State of California, in United States
of America, and then and there, by
virtue of his trust as such officer and
appointment of such office obtained
and had possession and control of and
the custody of certain sum of money,
to-wit: the sum of Two Hundred and
Eighty Dollars, and there
by was guilty of the crime of embez-
Element. That thereafter,
to-wit: on the 5th day of December,
1892, James M. Trout, Judge of the
Superior Court of the City and County
of San Francisco did issue
a warrant for the arrest of the said
Joseph B. Cook for the crime of felony,
to-wit: the embezzlement of Two
Hundred and Eighty Dollars.
Wherefore, the Attorney General,
at the instance of His Excellency nj.
p. Robinson, Minister of Foreign AT
fairs of the Hawaiian Islands, prays
that an order be made by Your Honor
ordering the Marshal of the Kingdom
to arrest the said Joseph B. Cook and
him safely keep until he may be de-
livered into the custody of an officer
of the said State of California. $ . $
When the ACKNOWLEDGEMENT fin
ished reading, Mr.. Ashford asked the
Court to discharge Cook, on the
ground that he was not the man
named in the complaint. The Court
refused tosdo so and adjourned until
the afternoon to allow the Attorney,
General time to secure witnesses fisssee TO to
prove that the man ami, Inc CUSTODY was
Joseph B. Cook, and not ]. G. Wat
son. H. the a.ne he travelled under.
most important testimony was
given by Marshal Wilson who re-
lated how he arrested the accused,
who in voluntary way confessed
that he was the Cook named in the
papers which were sent from San
Francisco. He expressed surprise
at his unexpected apprehension and
remarked to the Marshal, "they got
on to me very quickly
After the witnesses were examined
one of whom stated that he knew the
man in San Francisco as Joseph
Cook, Mr.. Ashford again asked the
Court for discharge, on the grounds
that his client was not properly iden-
titled. Judge Bickerton ruled that
sufficient evidence had been adduced
to identify Cook.
After much legal parleying between
the Acknowledgement aud Mr.. Ash
ford, the former offered in evidence
an exemplified copy of the Superior
Court record of San Francisco relat-
ing to Cooks case when Mr.. Ashford
objected and claimed that the record
was not admissible as evidence.
His Honor announced that he did
not want to give an off hand ruling
and would take time to consider the
objection. Although the Judge was
asked to name Cooks bond at $500,
the matter was not pressed by Mr..
Brown who signified his willingness
to allow the accused his liberty until
the case comes up again.
Judge Bickerton did not announce
when he would give his ruling ON the
objection made by Mr.. Ashford.