The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1899-06-22
TESTIMONY AND ARGUMENT IN
RE COOPER.
Presentation of the Matter Concluded
Yesterday-A Decision Will be Given
Later-The Issues.

Attorney-General cooper IN the Su-
preme court.
The proceedings are on the petition
of Attorney A. S. Humphreys charging
malfeasance in office and unprofession-
al conduct on the part of Attorney-Gen-
eral Cooper in the case of one Carriera,
an employe of the Tax office, who was
charged and convicted in the District
court of assault on All Ngee, a Chinese.
The allegations in Humphreys petition
are that he was retained to prosecute
Carrera and obtained the consent of
the attorney generals department to
appear in that behalf; that afterwards
he learned that Mr. Weber of the at
torney-generals office was to appear
for the defense; that Immediately he
demonstrated with the attorney general
against Weber's appearance on the
ground that it was the duty of the at
torney-general to prosecute and not to
defend persons accused of crimes or
misdemeanors; that the attorney -gener-
al said to him that Mr.. Weber would be
Withdrawn; but that he was not with
drawn, and he, Humphreys, was told on
behalf of the attorney general that If
he raised the question of the right OF
Weber to appear to defend, the permls
sion for him, Humphreys, to appear TO
prosecute, would be Withdrawn. These
facts Humphreys charges in his petit
tion constitute malfeasance in office in
that the encouragement is by them
shown to have conducted the defense of
person charged with an offense
against the law contrary to the statute
defining his duties and to have been
guilty of unprofessional conduct as an
attorney in controlling both sides of
case.
Mr.. Humphreys testimony in sup
| port of his petition was given in yester
days issue of The Star Following him
| on the stand was A. L. c. Atkinson, at
| the time of the assault on All Ngee, am
assistant to the attorney-general, con-
Quoting prosecutions in the District
court. He testified to employing Hum
phreys, with Cooper's assent, to prose-
cute the case, and that on his objecting
| to the appearance of Weber for the de-
| fense, Cooper assured him that Weber
would not appear On cross-examina-
! ton w. o. Smith asked him if Hum
| phreys had not got him to resign. The
| question was objected to. Smith press
ed the question. McClanahan with
] drew his objection and then Smith
| withdraw the question. The witness
| then said that in Justice to himself, the
| question having been asked, he wished
] to state that Humphreys had nothing to
do with his resignation but that it was
| due to another cause altogether.
Marshal Brown testified that he had
been advised by Attorney General
| Cooper, and the advice amounted to
| command, not to allow Humphreys to
| appear to prosecute Carriera if he rails
ed the question of Weber's right to ap-
pear to defend.
Mr.. Weber testified to the part he
| took in the matter.
: Tax Assessor Shaw testified that he
only heard Carriera's s side of the matter
! and that he told Minister Damon that
the department ought to defend him.
He also went into the difficulties his de-
partment had in collecting personal
taxes from Asiatics.
Attorney General Cooper on his own
| behalf testified that when Humphreys
spoke to him about the appearance of
| Weber he told Humphreys that Weber
would not appear; but that he after
wards changed his mind, and going
from Notes where his conversation
with Humphreys took place, he went
to Bishop & Company's bank to consult
with Minister Damon about the matter;
but not finding Damon, he went on and
gave instructions to the marshal not to
allow Humphreys to appear, if he rails
ed the question of Weber's right to ap-
pear.
AS to Atkinson's testimony that he
had said Weber should not appear,
Cooper testified that what he said was
weber will not appear for me-" his
contention being that Weber appeared
not for him as attorney general, but
for the Finance department. admitting
on cross-eXamination, however, that
Weber was always under his control
and that he could have withdrawn him
at any time. The attorney-gen
maintained throughout his testimony
that what he had done was proper.
The court in allowing Smiths cross
examination of Humphreys as to whet-
her he had sought to. have the matter
published in the newspapers said that
under ordinary circumstances such an
inquiry would not be proper, but in this
case it would admit it.
In the argument, w. o. Smith con-
. tended that there was nothing improper
in what Attorney-General Cooper had
DONE
Mr.. McClanahan, on the contrary
contended that it was highly improper
for the attorney general charged by Law
with the duty of prosecuting persons
charged with crime to appear either iT
person or by representative to defend
such persons. 1t was also against the
very foundation principle of legal ethics
for a lawyer to control both sides of {
case. The whole bar and the whole pub
lie was Vitally interested in the subject
, The petitioner did not ask that Cooper
: be disbarred, but that the Suprem,
court should say that the attorney-gen
eral should not defend criminal cases
and that no lawyer should control botl
L.