The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-05-21
Mr.. DOLE IS DISCHARGED
ATTITUDE OF ATTORNEY GEN
ERAL APPROVED.
Judge Humphreys Dismisses Order in
Bribery Matter as to Hlm-Cooper,
McCandless and Thurston.

Acting Governor Cooper Attorney
General e. p. Dole, former Superinten-
dent of Public Works, McCandless and
L. A. Thurston appeared in the Circuit
Court this morning to show cause why
they should not testify before the grand
jury in regard to the now noted bribery
cases. Returns to the order were filed
by each of the gentlemen named. The
return of Attorney General Dole was
accepted as sufficient, and the rule as to
him was dismissed.
When the court opened the room was
jammed with people and dozens crowd
ed about the doors. Most of the mem
bers of the bar were present. Judge A
S. Hartwell appeared for l.. A. Thurs
ton; e. p. Dole for himself and Acting
Governor Cooper; Hatch and Judge
Whiting for J. A. McCandless.
Attorney General Dole opened by
stating that he wished to file returns
to the order to show cause in the cases
of Henry e. Cooper, j. A. McCandless
and himself. Coopers was read first
In it the Acting Governor stated that
he had not knowledge in regard to bri-
berry except statements made to him as
secretary of the Territory and in con-
f1dence, with the understanding that the
information and names of the parties
supplying 1t should not be divulged un-
til such time as the Attorney General
might acquire evidence to convict. Mr..
Cooper went on to say that if the mat
ter was divulged at this time guilty
parties would probably be able to es-
cape and the ends of justice be defeat
ed.
! The attorney generals return was
practically the same except that he
stated that he had given to the grand
jury the names of the two parties sup
plying him with information. The lat
ter statement greatly affected the case
as to him, as will be seen later. Nc
Candless return was identical with
that of Cooper.
| Judge Hartwell read the return of L.
A. Thurston. Mr.. Thurston stated first
that he was an attorney, practicing in
Honolulu; that he was and at all times
had been ready and willing to assist the
grand jury; that all the information
/ possessed by him was given by a client
! in confidence and in the regular way;
| that to divulge the same would be to
violate the confidential relations that
must exist between counsel and client;
that under the law he was not required
to diVulge tie name of his client or any
of the statements made by that client
When the returns were all read, the
court observed that Mr.. Cooper, in his
capacity as Acting Governor was fui-
filling high public function. AS argu.
ment on the other cases would probably
drag along for considerable length Mr.
Cooper would be excused, if he so de-
sired, until his case might be called
The Acting Governor thanked the court
bu replied that he would remain
throughout the hearing.
The court then asked Mr.. Dole if his
return was a correct copy of the letter
written by him to the grand jury. The
attorney general replied that he had
written two letters to the grand jury
and in both of them had stated practi
llNr hn
in his return of this morning.
Thomas Fitch, amicus curiae, pointed
out to the court that Mr.. Dole haC
given to the jury the names of both O.
his informants in regard to bribery anC
could do no more. There was nothinl
left to the court but to discharge tn,
order to show cause as to him.
The court again asked Mr.. Dole, spe
cifically, if he had given the Jury tn
names of his informants and If he haC
withheld any other information tina
the jury demanded. The attorney-g gen
eral replied that he had given the tw,
names but had declined and still de
clined, to divulge any of the informa
tion supplied by the men. If the gran,
jury desired the information it woult
have to follow 1t up through the tw
men mentioned to 1t.
The court then stated that Mr.. Dol
had undoubtedly fulfilled his duties Il
the matter and that the order should b
dismissed as to him, The clerk was 9
, instructed.
, Argument on the other cases wa
, then invited Mr.. Dole took the foo
, and began presenting the defense in tn
case of Henry E. Cooper, Acting Gov
: ernor
Mr.. Dole continued his argument un
, til nearly IL o'clock when recess wa
) taken. He discussed the question o
| Of hn xHb
is really Governor and of Mr.. McCand
less, who was at the time, superinten
dent of public works.