Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-07-12
ATTORNEY GENERAL DOLE
Honolulu Republican,


the family compact would so in shield.
ing their hired tools from punishment
for crime 1t was afforded In the Circuit
Court yesterday when Attorney Gen.
eral Dole entered a .nolle prosequi in
the case against Walter G. Smith Of
the Advertiser, indicted for perjury.
In taking this action Attorney General
Dole has shown that he disgraces tie
position he holds. He has shown that
he Is ready at all times to defeat the
ends Of justice instead of performing
his sworn duty, II by defeating justice
he will protect some member OF tho
notorious and corrupt Territorial al.
ministration. He has shown that no
is devoid of all shame and professions,
honor, and has been guilty Of conduct
that in any State in the Union would
result in his impeachment in Office anl
his disbarment as an attorney.
As Attorney General he was not
content with the indictment drawn
against Smith by his depty. but de-
stroyed that and drew up an indict.
ment himself When the plea in
abatement was filed Attorney General
Dole failed to file demurrer to the
plea or take any action whatever un-
til ordered to do so by the court. thus
showing his evident determination to
disgrace his high Office by performing
duty as attorney for the defendant In
stead of for the Territory. Even the
layman knows that not to demur to a
plea In abatement Is to confess the
plea and thereby destroy the indict-
Dent. But apparently this learned CD
legal gentleman did not know this fact
or else II he did know it. which we
doubt, he tried to take advantage Of II
sc as to afford a loophole through
which Thurston's hired assassin Of
character might escape the penalty Of
the law.
When directed by the court to de-
muir to the plea In abatement he took
the plea and wrote across the bottom OF
1t II demur to the above plea" Any
fool knows that this was no more q
demurrer to the plea than II he had
thioWh VI III lnS
Again was the court compelled to in
terfere and instruct the gentleman to
perform his sworn duty and file de-
murrer to the plea In proper and legal
form. Then this alleged prosecutor
of criminals wanted to submit the plea
without argument and on the courts
refusal to permit such action the At
torney General only submitted the
most perfunctory plea, making no CT.
fort whatever to present any authori.
ties or any argument in substantiation
OF his demurrer. Notwithstanding all
this Judge Gear took up the case, going
Into every phase Of 1t and In lengthy
written opinion, which there was nc
getting away from. dismissed the plea
in abatement. In dismissing the plea
the court took occasion to score the
Attorney General for his failure to
render the court any assistance, leav.
ing the court to perform not only the
duties of Judge, but those of the Attor.
ney Generals Office as we'll
Now after permitting the court tc
DdSo oh tuc Dltd III dDdttIhthl duN
finding himself foiled in his attempt tt
have the plea held good the Attorney
General enters a nolle prosequi in thu
case. He said In court that he believ'
ed the indicted man was ratified
when he testified before the Crane
Jury. 1t is not for Mr.. Dole to past
judgment upon whether Mr.. Smith wa
ratified or not; 1t was his duty to prose
cute the case to successful termina
ton. 1t was for a jury to determin,
whether or not the defendant wa
'rattled" or merely committed per
jury. To nolle presequi the case a
this point was to confess the guilt o
the defendant. II he was innocent o.
II the Attorney General believed hin
innocent then why rEt go before n jur!
and secure an acquittal at the hands o
his peers? An acquittal that Their
could have been no question about O
no quibbling over. Does the Attorne
General mean to have people under
stand that the case looked so bad 70
the defendant Smith that the combine
tuOTtS VI tle ueleludHt COulsel an
the Attorney General could not hay
secured an acquittal?
Il Attorney General Dole says that
employed the late Paul Neumann I
prosecute the case and since his deaf
could find no one without prejudice I
prosecute it. Does the Attorney Ger
eral mean to say that of all the thirty
seven members OF the Bar Association
who got up on their hind legs and yell
ed when Thurston held up his hand |
signal to them, are SO prejudice
against Mr.. Smith that none of thel
could, for fee, prosecute this case
And what a commentary upon III
members of the bar of this city whe
q man who does not know how to dra
up demurrer to plea In abatemeI
= says that none of the seventy-ive Law
yers Of the city are competent TO prosC
cute a criminal case. or course II a
the others are of the same type of Law
yer as the Attorney General we al
not surprised that he says none
them are competent to have posecutt
tbs Smith case,