The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-03-07
''CINCHED" MCCARTHY
TWO CHARGES NOW AGAINST
BRUTAL CRIMP.
Wrangle in the Police Court Between
The Attorneys-Bitting Insisted on an
Immediate Trial

The case against William Mccarthy
who Chewed up Katie Akai, and was
given his liberty on a technical
ity by Judge Gear two days ago, Caus-
ed considerable aCrimOuy I'm Judge Will
cON's court this morning where Nc
Carthy was charged with assault and
battery. G.. G, Biting appeared for the
defence.
Mccarthy was re-arrested yesterday
on a warrant charging him with simple
assault and battery but this morning
Deputy High Sheriff ChillingwOrth
amended the complaint so as to charge
the defendant with violating SO of the
Penal Laws, the punishment for which
could be six months Imprisonment.
Biting made the plea that the de-
fendant had been in former jeopardy on
precisely the same charge so the court
said he would have To instruct the clerk
to enter a plea of not guilty on behalf
of the defendant. Biting replied that
he did not desire to trihe with the court
in making the plea as he had done, but
simply desired to protect the interests
of his client as the purpose of making
such plea would be apparent when the
defence was begun.
Before any witnesses for the prOseCu-
ton were placed on the stand, Biting
moved to quash the complaint on the
ground that it was not specific enough,
having failed to designate whether the
alleged offence had been committed in
Honolulu. Territory Of Hawaii or the
Gilbert Islands. or London. or any other
remote place Mr.. Chllingworth amend
ed the complaint by inserting the words
Territory Of Hawaii" SO the motion
was OVeTruled.
High Sheriff Brown announced that
already another charge against McCar-
thy had been taken before the grand
jury, so asked that the present case be
continued until tomorrow i'm order to
81 Ia.
by the grand jury. The charge before
| the grand jury was section 81 of the
Penal Laws which provides for the pun
ishmeut for manning, multlattng, tear
| ing or cutting persons ear shall be
by Imprisonment for years or fine
of $1,000.
Biting was on his eaet in an instant
with an argument against the con-
tinuance. I'VE are ready for trial." he
declared "and insist upon this case be
ing tried now. They are trying to keep
| this defendant here under arrest with
! out due process of law and it Is contrary
4 go Practise AID justice. II the pr0secu-
! ton had asked for a continuance as It
| had the right to do in the first place, L
| would have made no objection but they
were first willing to go to trial and now
! they have been forced to show their
! hand. We demand that the trial be
held now or else the defendant be dis
| charged
Mr. Chilingworth replied with some
warmth that something must be the
matter with the counseIs mind in pro-
| testing against the continuance when
| Biting had time and time again, come
into court and asked for numerous con-
tinuances. Biting replied that that
| had been in the other case
"Well gentlemen" remarked the court
| there is no occasion for becoming so
| excited / want you both to express
yourselfs i'm this case. but let it be like
an electric light, throwing lots of light
on the subject but no heat
After the laugh had subj lded the
court decided to grant the continuance
until tomorrow.