The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-03-08
clever RUSE.
HOW MCCARTHY TRIED TO CHECK
INDICTMENT
Wanted to Plead Guilty to Assault and
Battery Thereby Hoping to Nunify
Grand Jury Bill.

Mccarthy, the Crimp, triel to preci-
plate matters this morning I'm the poo
lice court by declaring that he wanted
to plead guilty to assault and battery
on Katie AuKai. lie did not want To
wait he wanted to be sent up right
away. Judge Wilcox decided however
that the case had better be continued
so Mccarthy did not escape so easily
as he had hoped.
The move upon the part of Mccarthy
came as a surprise. In fact, G. G.. Bit
inns the attorney for the defendant,
said that the move was "a surprise TO
nIm, Wnen the case was called Deputy
High Sheriff Chillingworth asked tor "a
continuance until Monday, Before G.
10. Biting the attorney for Mccarthy
made any answer to this motion, Nc
Carthy asked to speak to the court
Mccarthy said he wanted to get
through with the case; he wanted to
plead guilty to the ChaTge-Of assault
and battery and be sentenced at once
by the court The court did not favor
any such disposition of the case. In
fact Judge Wilcox said that he pre-
| ferred to continue the case, Mccarthy
did not seem satisfied. He declared
he wanted to plead guilty and not be
sent to the grand jury Judge Wilcox
said that there was already a case
against him before the grand jury and
| If Mccarthy was sentenced today, the
grand jury might also find a bill
against him and the cases would pile
| UP against the defendant For this
reason, the court thought it would be
wiser to continue the case until Mon
day I'm order to give time for the re-
port of the grand jury to be made in
| the other case. Mccarthy had no other
choice in the matter but to march
back to the prisoners dock and sit
down, ysaaahn
! Alter this stage of the proceedings
had been concluded, Biting who had
remained passive throughout the entire
performance suddenly woke up and
expressed the highest regard for the
courts idea of justice and fairness and
all that.
Just what the move on the part OF
Mccarthy signified was plainly indi-
Gated in the proceedings. Mccarthy
had not been sufficiently well coached
in his part of the scheme however, fol-
he hlurted the real purpose by admit
ting that in pleading guilty and being
sentenced at once by the police judge
he expected to escape having to go be-
fore the grand jury
Such a desire on the part of Nc
Carthy was not unnatural. Six months
Imprisonment was the highest sentenc,
he could have received for pleading
guilty to simple assault and battery
under which he was charged i'm the pc
lice court, while if the grand jur!
found a bill under the charge brough
before it., he could receive as high a
five years imprisonment. Probably il
the hope of forestallng this indictmen
for the more serious offence, McCarth
was advised by some unknown
person, his attorney having disclaime
knowledge Of the matter, to precipitat
, matters and get sentenced on the Jesse
charge, there probably being a chanc
to knock out the charge by the gran
jury if sentence had been passed al
ready i'm the other case.
The move was quite a clever one. Tn
police admitted yesterday that the
were simply holding Mccarthy on tn
/ charge before Judge Wilcox until the
could have the prisoners indicted by tn
grand jury for a more serious Offence
The sudden change of front on the pal
h of the defence today was amusing
b Yesterday Biting demanded an immt
i. date trial and fought against any cor
II tinuance. Today no protest was mad
against the continuance, after NJ,
Carthy's attempt to plead guilty ha
been Checkmated.