The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-11-26
MAGOON WILL
NOT HAVE TO
plead
AN AGREEMENT REACHED THAT
CASE WILL GO OVER UNTIL
SUCH TIME AS WRIGHT Is CAP
TURED AND CONVICTED.

The case of the Territory against j.
Alfred Magoon, charged with being an
accessory after the fact in the embez-
element case of William IL. Wright.
cannot be tried unless Wright is first
apprehended and convicted. This much
was settled at the hearing before Judge
De Bolt this morning, when counsel for
Magoon entered OBJECTIONS to pleading
on the ground that Wright mad not
been convicted and there was therefore
no legal authority for trying AN alieg-
ed accessory The array of counsel
appearing for Magoon was large and
impressive. The list included Humph-
reys, Thompson & Watson, Thomas L.
Dillon, Kinney, Ballou & McClanahan,
Robertson & Wilder, W. Austin Whit
ing, Russell, Fleming & Robinson, A.
II. Crook, I. McCants Stewart, Gill &c
Farley, c. f. Peterson, G. w. Ashford
and E. c. Peters, as the names were
signed to the papers fled and there
We're others in court willing to act.
The argument for Magoon was first
presented by Peters, his partner, and
Peters and Humphreys handled the
case between them, John w. Cathcart
appearing for the Territory. Cathcart
contended that the defendant ought to
plead, but he admitted during the
course of the argument that the trial
could not take place until William IL.
Wright had been convicted. The legal
proposition that an accessory cannot
be put on trial until the principal has
been convicted was admitted all roundA
and whether Magoon pleads now or
not, the case will 60 over to await the
very slim chance of catching Wright.
The objection to pleading filed in
behalf of Magoon was as follows
Nov comes j. Alfred Magoon, in his
IOwn proper person, not waving but spe-
| cially reservng any and all objeC ions
to the Jurisdiction of this Honorable
| Court as at present constituted, as Will
| more fully appear from the plea to the
! jurisdiction herein filed and hereby re-
ferred to and made a part hereof, here
by objects to plead to the Indictment
on file in his said cause, on the ground
| that one, William Harrison Wright,
| against whom there is an Indictment
filed in the above entitled court charg-
| ing him, the said William Harrison
| Wright, with the crime of embezzle-
| ment, and to which said crime of em-
bezzlement he the said j. Alfred Ma
goon, is charged herein as accessory
after the fact, has not been convicted
| of the said charge of embezzlements
| but in fact is now and ever since the
gath day of September, 1902, has been
absent from the Territory of Hawassi
| and has not been arrested under said
/ charge of embezzlement and is not sub
ject to the jurisdiction of the above
named court"
After setting forth that the grand
jury indicted William Harrison Wright
for embezzlement and Magoon as an
accessory after the fact, Magoon's af-
fidavit says:
That your affiant is informed and
believes and upon such information
and belief deposes it to be the fact that
heretofore, to wit: on the Gath day OF
September, 1902, the aforesaid William
Harrison Wright, so indicted as afore-
said, did depart from the Territory of
Hawaii to parts to your affiant un-
known and ever since last named day
Continued on page fiye.)