The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-05-16
PRICE FIVE CENTS.

victed of said offense by said District
Magistrate.
NH.-That the complaint OF said All
Ngee was prepared by the said Atkin-
son, assistant to the said Attorney Gen
eral as aforesaid and was subscribed,
sworn to and fled by said All Ngee
under and by the instruction of the
said assistant to the Attorney General.
VIII.-That the said Atkinson before
preparing said complaint and before
lnstructing and directing said All Ngee
TO subscribe. swear to and file the
same, consulted and advised with the
said Cooper. as Attorney General afore-
said, in relation thereto and obtained
his consent to institute said prosecu-
ton.
1X.-That the said Atkinson, assist
ant to the Attorney General as afore-
said, was present in the District Court
OF Honolulu and therein discharsing
the functions of prosecuting officer
when the said Carreira was arraigned
on said complaint; and that the said
Carreira was arraigned on the charge
dictated by the said Atkinson.
X.-That subsequent to the arraign-
ment of said Carreira and before the
day set for his trial, said Cooper re-
quested Atkinson to retain private
counsel TO prosecute said case: that
thereupon said Atkinson duly retained
and employed your relator to prose-
cute the same.
XI.-That on the 9th day of May,
1899, your relator was informed that
said Harry p. Weber, a clerk or as
sistant to the said Attorney General
would appear as counsel for and in be-
half of the said Carreira, charged with
the crime of assault and battery as
aforesaid; that thereupon your relator
Immediately sent for said Weber and
called his attention to the gross eth
ical, official and professional miscon-
duct, as we'll as the legal and moral
wrong of the appearance by the AttOr-
ney General or any attache OF his Of
flee, in any Court Of this Republic as
counsel for and on behalf of a person
charged with an offense against the
law of the land, and, that your relator
intended to make a motion upon the
trial OF said cause to prevent the said
Weber of any other person connected
with and under the pay, direction and
control of the Attorney General, from
appearing as counsel for said defend
ant in said criminal case; that said
Weber stated to your relator that he
was subject to the orders of the Attor-
ney General and was under constraint
TO obey the same; but that the impro-
priety of his appearing as counsel for
said defendant had not before occurred
TO him and that he would confer with
the Attorney General in regard there
to.
XII-That directly after said con-
versation with said Weber your relator
met said Cooper and protested against
the appearance of said Weber or any
one connected with the Attorney Gen.
erals office as counsel for the defend
ant in said criminal case and stated to
said Cooper that he designed making
motion before said District Court to
prevent such appearance; that after
some further conversation said Coop
er admitted to your relatOr that 1t was
IAN anomalous case" and that he would
advise the employment of private coun-
sci to defend said criminal case.
XIII.-That on the 11th day of May,
1899, your relator attended said Dis
trict Court to prosecute said case; that
just before said case was called for
trial a. NJ. Brown, Marshal of the Re
public of Hawaii, Informed your relat-
or that he had received instructions
from said Cooper to allow your relator
to prosecute said case upon the express
condition and upon the express condi-
ton only that your relator would fore
go and abandon his right to question
the appearance OF SAID weber Tor Sdlu
defendant in said criminal case, and on
information and belief relator charges
that said Cooper did in fact so instruct
the Marshal. That your relator pro-
tested to said Brown against the action
of said Cooper as illegal and unpro-
fessiOnal, but refrained from making
motion to prevent the appearance OF
said Weber as counsel for the defend
ant in said criminal case, solely on ac-
count of the duress Of the condition
under which your relator was permit
ted to prosecute the same.
XIV-That said Weber appeared IN
said District Court as the attorney and
counsel of and for the said CarreIra
while the latter was on trial charged
with said criminal offense. to-wit: as
sault and battery and actively con-
Quoted the defense Of said criminal
c2ee TO the conclusion thereof.
XV-That said Weber appeared IN
said case and conducted the defense
thereof as reIator is informed and be-
lieves. under the direction, order and
command of the said Cooper, who had
Heretofore sanctioned the institution
OF said prosecution as aforesaid, and
had at no time thereafter, so far as re
lator is informed or believes, with
drawn such sanction. And the relator
charges that the said Cooper in sup
pressing REALTORS intended motion by