The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-07-04
ATTORNEY GENERAL DOLE AS
\ sHiELoER OF CRIMINALS

II anything further were needed 70
show 10 what extent the members Of
The family compact would go in shield
ing their hired tools from punishment
for crime it was afforded ia the Circuit
Court yesterday when Attorney Cen
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 dfsgraces the
position be- holds tie has shown that
he is ready at all times to defeat the
ends Of justice instead OF performing
his sworn duty. II by defeating jus
tiee he VIII protect some member Of
the notorious and corrupt Territorial
administration. He has shown that he
IS devoid Of an shame and professional
honor. and has been guilty OF conduct
that IN any State in the Union would
result in his Impeachment in Office
and his disbarment as an attorney.
As Attorney General he was not
content with the indictment drawn
against Smith by his Deputy. but de-
stroyed that and drew up an indlct-
ment himself. when the plea in
abatement was fled Attorney General
Dole failed to file a demurrer 10 the
plea or take any action whatever I'M
"a ordered 20 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-
ment But apparently this learned ca
legal gentleman did not know this fact
or else IL he did know il. which We
doubt. he tried to take advantage OF it
So 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 10 the plea in abatement he took
the plea and wrote across the bottom
Of il Il demur to the above plea.
Any fool knows that this was no more
a demurrer TO the plea than II he had
thrown a handful Of sand in the air.
Again was the court compelled to in
tertere and instruct the gentleman to
perform his sworn duty and Gle a de
murrer to the plea in proper and legal
forms 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 perfnnetory plea. making no effort
whatever 10 present any authorities 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 q lengthy
written opinion. which there was no
getting away from. dismissed the plea
in abatement Ia 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. hut those Of the After
ney Generals Office as well.
Now after permitting the court to
pass on the plea in abatement and
finding himself foiled in his attempt to
have the plea held good the Attorney
General enters \ nolle proseQui in the
case. He said in court that he beiiev-
ed the indicted man WAS ratified
when he testified before the grand
Jury. Il Is not FOR Mr.. Dole 10 pass
judgment upon whether Ar. Smith was
ratified OF not. il was his duty 10 pro
secute the case to a successful termin-
alton. Il was FOR a jury to determine
whether OF not the defendant was
ratified or merely committed PER
Jury, To nolie proseqni the ease al
this poiat Was 70 confess the guilt Of
the defendant Il he was innocent or
Il the Attorney General believed him
innocent then why not SO before jury
and secure an acoeittai AZ the hands
q bis peerse an acQulttal that there
could have been no question about or
no Quibbllng over Does the Attorney
General mean To have people under
stand that the case looked 50 bad for
the defendant Smith that the eombsn-
Cd efforts Of the defendants counsel
and the Attorney General coald not
have secured an acaaltfals
Attorney General Dole says that Re
employed the late Paul Neamann to
prosecute the case and since hts death