The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1899-05-15
AN IMPORTANT CASE.

lneacllOn OF y. >. humphreys IN lay
ing an information against Attorney
General Cooper for disbarment may be
explained easily without taking sides
in the case. 1t involves an important
issue and is of great interest to the
whole bar and what is much more i'm
portant, to the whole community.
The present situation came about
as follows; Mr.. Humphreys with the
consent of the Attorney-General) was
engaged to prosecute one Carriera. an
official of the tax Office for assault and
battery on one Nagee. Il Chinese do
mestic servant. The regular prosecut-
ing officer, being interested i'm the
case, as the assault occurred upon his
family premises, asked for permission
for Mr.. Humphreys to prosecute the
case, instead of himself Carreira was
defended by Mr.. Weber, of the Attor-
ney-General's Office. Mr.. Humphreys
on being informed of this fact, had
signified that he would protest against
a man under criminal charge being
defended by the Attorney General,
since he, as prosecutor was also act
ing for the Attorney-General, and it
is not the duty of the Attorney-Gen-
eral to defend persons under a Grim
inal charge, but TO prosecute them,
and moreover a person cannot at the
same time prosecute and defend the
same case
When Mr.. Humphreys reached the
police court, he was informed, from
the Attorney-General's department,
that he would not be allowed
TO prosecute the case if he made
any protest against Mr.. Weber
defending the prisoner. If he
made the protest the Marshal was
to prosecute the case. In Difference to
the interests of his client, Mr. Hum
phreys forbore to make the protest,
prosecuted and won his case, and like
wise won another case, in competition
with the same circumstances in the
afternoon.
y
based on the fact, first--that the At
torney-General cannot appear on both
sides of case. OF course the Attor-
ney-General did not do so in person,
but he did in the person of others.
'Qui facit per altos, facit per Sc
he who acts through others, himself
acts. Mr.. Humphreys appeared for
him as prosecutor, Mr.. Weber appear
ed for him, as defending counsel.
Secondly-The Attorney-General can
not defend a criminal If he can, then
every deputy sheriff on the Islands
can, so it is contended, and the result
would be ruinous to justice, for the
next step would be that the minor
officers would be accepting fees to de-
fend cases.
AS to the merits of the controversy
The Star can say nothing till the mat
ter is laid before the Supreme bench,
and it has decided upon by the Chief
Justice, but it must be very plain to
every one that very important prin-
ciple is involved, and one that should
be definitely settled at the outset to
prevent any Misunderstanding in the
country courts in the future.
There is nothing more important to
the community than thoroughly
clear understanding of case of this
kind. 1t should be clearly understood
that it is a case of abstract law, which
has important bearing upon the legal
status of class of men, who are, in
many cases, neither well educated nor
capable of exercising good Judgment.
If such an opportunity as acting in
both capacities be given to the deputy
sheritfs very serious results might |
happen. 1t is no wonder that the mem |
bers of the bar scent danger