The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-02-06
MURDER INDICTMENTS
DISPOSED OF.
Attorney General Dole Refuses 90 Pro-
coed and tie Court Goes Through
the Form of Trials

ed the proceedings i'm the FIRST Circuit
Court yesterday Twelve indictments
foI murder i'm the first degree were dis
posed i'm an hour by instructed yer-
diets of acuuittal Attorney General
Dole made another effort to file
statement of his position, and was told
to take 1t to the newspapers He
then withdrew from the court room,
announcing that he would take no fur
ther action of any kind i'm the transit
tiCn period cases during the present
term of court. Judge Gear called the
cases one after the other and the de-
Tense answered ready by Attorney +.
M. Brooks. Juries were sworn in in
struCted to aCquit when no prosecuting
officer took up the cases, and in this
way the Kahuku murderers were all
set free in short order, only to be
promptly rearrested when they left the
judiciary building, but they are used
to that now.
do 1 understand that this court re-
fuses the attorney general the right to
Estate in open court the reasons for
what he is about to do?" asked Dole,
when Gear had refused to receive the
statement.
Gear wanted to know what Dole was
going to do, and was told Nothing
Dole would neither nolle pros. nor try
the cases Permission was given TO
Dole to go ahead and make his stete-
o.
ImenCing with a statement that Clear
ana uuanswerable reasons for con-
tinuances had been presented to the
court Gear interrupted and said he
didn't want to listen to a stump speech
from the attorney general Just to
help him to get it in the newspapers"
Gear angrily told Dole to go and have
iC published and make his reasons
known that way.
Il will make them known, and be-
You'd this Territory" said Dole, pick
| ing up his documents The attorney
! generals department is a separate and
! Independent department of the govern
ment, and it has the right to state its
Ireasons for the course deemed to be its
duty
"The court will not allow any attor-
! ney in any case to file protests and
statements said Gear. when the
attorney general appears here ds a
prosecutor, he is in the same position
as any other attorney and will be given
the same rights"
Gear proceeded to call the cases.
Deputy Attorney General Cathcart and
| Assistant DOuthitt remained in the
court When a jury had been called
to the box and sworn in, Brooks de-
Iclaring it to be satisfactory, the court
asked CathCart if he had any testi-
lmony to offer. 1.-THE Attorney Gen
erals department., as has just been
stated by Mr.. Dole, is not taking any
| paTt in these cases. said CathCaTU.
"Your honor has just heard Mr.. DOle's
statement to that effect
| Judge Gear instructed the jury to
IaCquit and a verdict of acquittal was
entered. The case was that of Ihara
TChigOrO Chida ManzabarO, Yamane
| NnChirO and OsaH Mankichi, all
tried together for murder. There were
two more indictments for murder
against each of them, and each case
was disnOsed of in the same way.
The Japs were set free after the
farce was over, but police We're waltz
ing for them, and they were taken
back to Jail
Dole's statement of his reasons for
refusing to try or nOlle pros. was as
follows
Il believe that clear and unanswer-
able grounds have been presented to
this court for the continuance of the
above entitled cases at the present
term thereof; that due respect for the
Supreme Court of the Territory and
for the Supreme Court of the United
States requires such continuance; that
the existing iTreCOncilable differences
of opinion in the courts of this Terri
tory in regard to grave and unsettled
Questions of constitutional law, and a
speedy disposition of said cases and
of the charges for the same Offenses
upon which the defendants have all
ready been indicted, aTTaigned, tried,
convicted and sentenced require such
continuance; that the public safety
and protection from men already con-
ViCted of the highset felOnies requires
IsuCh continuance; that l cannot enter
a nOlle prOSequi in said cases without
assuming a pOrdOn of the responsible
ty for what may prove to be a most
unfortunate failure of justice; that said
cases cannot be tried at the present
! term except in violation of the law Of
the Territory, as declared by the Su-
Ipreme Court of this Territory and still
lurreversed and in full force and effect,
and that to retry them at the present
term with the certainty that the de-
! tcrdants. if convicted, will be disCharg-
ed by the Supreme Court of the Terri
| tory on wTits of habeas corpus, is to
commit the Attorney Generals De-
! paTtment to a judicial farce at heavy
| expense to the taxpayers. For the
! foregoing reasons, and for the reasons
| set forth in an affidavit made by me
land filed in this court February Bird
! 1902, and for the further reason that
! the Supreme Court of this Territory
! has sustained the convictions of said
! defendants, which adjudications l am
| in duty bound to respect until they are
reversed by higher tribunal having
appellate Jurisdiction, and for the fur
Their reason that the questions of con-
/ stitutiOnal law, involving the legality
of said convictions, are now pending
before the Supreme Court of the Unit
| ed States, and the l4th day of April
next having been set by said court for
the argument of the same, and
! speedy settlement of said questions be-
ling expected, l believe it is my plain
duty to decline to enter a nOlle prose-
| Qui i'm said cases or in any Of them,
! and, in behalf of the Attorney Gener-
lars Department, to decline to particl-
Ipate i'm any retrial or other DISPOSE
! ton which may be made of them or
/ any of them during the present term.
| 1 make this statement and take this
| position with all due respect for mis-
court, believing that my official oath
and my share of responsibility for the
maintenance of law and order and the
|IepTessiDn of crime require me, as the
| head of department of the Territorial
government, to take this course Upon
such consideration as / have been able