The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-08-14
NO COUNSEL
FOR POLICE
Must Defend Their Own
Suits.
JUDGE HUMPHREYS RULING
Attorney General Cannot Appear for
Them When They Exceed
Authority.

An exhaustive argument was pre-
sented to the Circuit Court by Attorney
General Dole yesterday as to his right
and that of his deputies to appear in
of police officers who are sued
for damages for exceeding their au-
thority, but Judge Humphreys ruled
against him.
In the course OF his remarks Mr.. Dole
said that many of the cases, such as
the one In which the point had been
brought to an issue, that of Kaupena
Kalmana va. J. III. Kamaunu were SIM
ply brought for the purpose of extort-
ing money from the officers, and that
they needed the moral support Of the
Attorney Generals Office behind them
to give them the courage to pursue
their duty In many cases.
Charles Creighton. who represented
the plaintiff in the case, took offense at
some Of Mr.. Dole's remarks. and when
he had an opportunity to speak he
waxed somewhat warm.
There are others among the MEM
bers Of the Honolulu bar whom I should
fear worse before a jury than Mr..
Dole" said he. but when he says he
believes this suit was brought for pur-
poses of extortion he attacks my pro
fessional honor"
The learned gentleman Is mistaken
II he thinks that my remarks were
meant as personal To himself" inter
rupted the Attorney General, for l was
only speaking generally, and had nU
particular reference to the present case
and certainly not to Mr.. Creighton
In that case" went on creighton,
Modified, II shall only say that In my
opinion the police officers ought not to
have the prestige of the protection of
the Attorney Generals office behind
them; they should not be permitted to
rely on the shelter of II, for II they do
IL will result, and II has resulted many
times In the past in gross exceeding OF
authority and many abuses"
Judge Humphreys held that accord
ing to the clear reading of the statute
the Attorney General should not receive
any fee for services rendered In any
prosecution, nor be concerned as coun-
sci for either party in any civil action
depending upon the same state OF
facts" He went on to say that he had
been instructed and entertained by the
able manner i'm which the Attorney
General had presented the wrong side
VI NtlG CdSts Uul nt COuAu nOl Dul d0iltIC
to his former ruling in the same case
and hold that the Attorney General
was barred from attending as an at
tending attorney In the case.
| GET ABLE LAWYERS.
Several of the defendants who were
before Judge Humphreys yesterday OF
indictments of the Grand Jury proved
to be entirely without means to procure
counsel for themselves, and Judge
Humphreys appointed attorneys foI
them. To. w. a. Kinney was assigned
the task of defending Kane, the naive
who Is accused Of robbing a Chinese
nackdriver after Turing him far VI
on the slopes of TantaIus. A copy OF
the Indictment In the Hawaiian IAN
| guage was ordered to be prepared fol
him. l.. a. Thurston was given the
task Of defending Xii. the man who !:
accused of setting fire to the Waiana'
cane fields.
Judge Humphreys also made a rulinl
that while IL had been ruled that thu
court vas bound 10 furnish copies o
the indictments to Hawaiians. IL wa
not necessary TO do so for other for
eigners. THIS was brought out by
request from a. l.. G. Atkinson. who i
defending Amimoto. the japanese muir
derer. that a copy OF the indictment b
I furnished him in Japanese. Judg
)
made II obligatory to furnish copie
! OF indictments to Hawaiians II did no
apply in the case of other foreigners.
JURORS LET OFF EASILY.
Trial Jurors r. a. VIII Jams and c. W
! Rose did not APPEAR when their name
, were called yesterday morning in Judg
! Humphreys court, and attachment
were issued for them. bat in the after
/ noon MIR. Williams appeared and an
2 nounced that he had been i'll and ha
I b~en unable TO reach the court IN tim,
b II likewise app AIRED that MIR. William
was not an American citizen, so
y was discharged from further attend
ance at the term. a physicians certif
9 cate showing that Rose was Ill an
: unable TO be present and the attach
= ment In his case was also dissolved.
{ CONSIDERING IwILEI.
The Grand Jury were occupied wit
n consideration OF the conditions 9
- Iwilei neariy all day yesterday. Hig
I. Sheriff Brown was closeted for a pol
= ton of the afternoon with the jury, an
. full statement of the matter was pre-
= sented to the jury. 1t is possible thu
some recommendations Will follow q
J. to the treatment Of the settlement, bl
y no indictments are likely. Toe Gran
I, Jury will in all ike mood pay a Wis
y to the insane asylum within the nel
: rev days TO look over the Institute
: and report concerning It's condition
the court.
= JUDGE SILLIMAN IDLE.
: For the present no jury cases wi
J. be assigned TO Judge Silliman as IL
II latter has expressed himself as en-
n phatically opposed to holding a jul
z trial In his chambers, and Judge Est
e has possession OF his courtroom.
soon as the Federal court Is in shal
Ir Judge Estee will move down stairs. b
y he will not DO that until he is assur,
, that he VIII have permanent occupan,
'e OF the room. and that no rent will
r. required OF him.
~ COURT NOTES.
% F. r. Thompson has b en- apDoint
guardian al Item of J. Pinao of Ale
"a Eva. Oahu. by Judge Silliman.
Charles Hopkins has been appoint
baiiiff 81 the circuit Court in place
Albert McGurn. who resigned last we
after his little difficulty with Jud
70 Humphreys
ie The Circuit Court room was crow
l. I'd with trial jurymen at the opening
T. court yesterday. but owing to the del
d. caused By the presentation OF indie
.. nents By the Gra7d Jury. and sever