The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-11-17
CASE Of
MITCHELL.
High Sheriff Gives His
Version of
High sheriff's Office,
Honolulu, November is. 1902.

| scurrilouS letter attacking me in my
official capacity and also making direct
reflections and charges against my
personal and official honor and integ-
rity. had intended treating the article
with the contempt that it deserves. but
having aseertained that no less a. per-
son than the Rev. w. D. Westervelt
Of this city was the author of such 4
libelous and malignant article, / deem
it proper that the public should be ap-
prised OF that fact and also be given
a correct statement of all the facts in
re. Alabama" Mitchell's case and why
such case was nolle pressed.
Mitchell did, I am informed, sell liquor
on election day. November 4th, 1902,
but by SO doing violated no law of this
Territory for which he could be pun
ished. His license was the only one of
the so-called Primo Beer licenses re-
naming unexpired and, through an
oversight, no notice from this office was
sent to him directing him to close his
place of business consequently remain
ed open on November 4th last, and re
| conducted his business as usual, as did
all those holding jobber and wholesale
liquor licenses who chose to remain
| open. Such being the fact, no prosecu-
| ton could lie against him. Finding that
Mitchell could not be prosecuted Cor
thus selling liquor on election day, one
| Walter E. Lee, a colored gentleman
| living at Kamoiliili and who had conf
| planned about Mitchelrs saloon being
open on election day, determined, evil
! IDENTIFY, to convict Mitchell on some
other charge, so sought out a young
attorney of this city who was evidently
| not very we'll posted on criminal law
and who prepared a complaint and war
| rant for said Lee to swear to charging
said Mitchell with selling liquor to a
minor.
In all criminal cases and especially in
cases of this nature, it has been in
Yariably the custom, and undoubtedly
the duty of every attorney who desires
to prosecute for the public good, to
apprise either myself or the deputy
Sheriff of the Territory of such fact in
order that the full power and force Of
this department might be brought to
Gear in securing a proper presentation
OF the case before the magistrate. In |
this case, however, neither the COM |
plalnant nor his attorney saw fit to |
consult with me or the deputy sheriff |
as to the nature of the case or what |
the evidence was to be. The result was
that the complaint as drawn by the |
private counsel was fatally defective
upon its face. 1t stated no time when
the ofense was alleged to have taken /
place and set forth no jurisdiction
Inc exact wording of the complaint was
as follows: Walter e. Lee, being first
duiy sworn, deposes and says, that one
Alabama Mitchell is the proprietor of |
a saloon known as the Road House
saloon at kamoiliili, Oahu. that ne did |
on the 4th day of November sell for
money to one Manuel Camache. a
minor, certain spirituous liquor. to wit:
two bottles of beer, said Manuel Ca
mache paying therefor the sum of fftyI
cents against the form of the statute
made and provided"
Upon such defective complaint. there
fore, and considering the character and
reputation of the complainant, the an
parent non-desire OF the attorney rep
resenting the complainant to consult
with me or to make known to me in
any way the case for the prosecution.
ana Knowing the defendant said ALA
bama' Mitchell to have conducted his
saloon in an orderly and as far as I
knew, in strict compliance with the law.
became convinced that this was one
Oh those cases where the strong arm of
authority should intervene to prevent
what appeared to be persecution and to
restrain the prostitution of the criminal
court to the qualification of personal :
spleen.
From the earliest days of crinlinaIt
in this country the heal of
the police department has by law. been l.
vested with the absolute control and
conduct OF all criminal cases brought
Sefcre the district magistrate of Homo
uiu, and very properly so, for, by that
means. the process of the court is pre-
vented from being used as a means of
ientlng personal spite, and results in
and not persecution.
evidently without having made the
slightest effort to acquaint himself
With these facts regarding the dis
nlssal Of the Alabama" Mitchell case.
Kew. Westervelt has seen fit to Islander
lnd malign me in a manner that is alb
olutely without warrant. Zeal for the
'upllc morals is the duty of every one
'ut hbelous abuse of a public official
not zeal. Cooperation by public CIT
zens Is frequently valuable aid to
ne successful conduct of a police de.
'artment but when a self-constitutedj
udge seeks to foully besmirch the in
egrlty of an officer of the law. If is
ut proper that the brand of falsehood
r.
.iouio De stamped upon the brow of G;
Inn who bears such false witness. :,
Ihere has never been any desire I'm
my part or the part of the notice
apartment to shield Alabama" Nit
nell from punishment for any wrong
o1ng. The anonymous letter in which
ne Kew. Westervelt seeks to cast in =
mutations to the contrary is utterly
l1hout foundation and is ubelons y
lroughout. 1 am at this time. unable D
ascrloe his attack upon my integrity
any motive other than spirit of
oWnrlgnt malevolence in which neither
lS truth nor the DuhIic EaJF1ra have