The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-07
.COMPL A|NTS
DEFECTIVE
Gear Wants Reform
In District
Court.
THREE CASES
DISMISSED
GeorgeIWade Gets on With a Ten
Years Sentence-Masoon
Sues Achi.

AS result of faulty indictments IN
three or four criminal appeals from the
district court. Judge Gear yesterday
dismissed every case brought before
him, at the same time severely criu-
cising the methods in vogue in the low
er court. He exonerated High Sher'n
Brown and Deputy Chillingworth from
any responsibility, but thought thar
more care should be exercised in the
drawing of complaints, and advised the
Acknowledgement TO detail an attorney
to take charge of police court cases
For several terms past there have
been many dismissals because of faulty
complaints, warrants or records, TO
which is due no doubt, the large mum
Der Of appeals in petty cases. Judge
Gear sharply criticised the lax meth
DDS in vogue in the lower court, which
however. he did not believe TO be the
fault of the Judges but Of police Off
GERS who were allowed to make out the
warrants for themselves, and also OF
some attorneys who he said still had to
learn how to draw up proper com
plant
The case of Arita and twenty others
was the first TO fall through on this
ground. The twenty-one japanese We're
charged with riot, but the complaint
failed to make the charge specific and
the court granted Mr.. Brooks moton
to dismiss.
Of al .
charged with violating the liquor law,
also an appeal from district court, was
next called. Mr.. Magoon, defendants
attorney, asked 10 be excused because
Of a case before Judge Humphreys and
the request was granted. Then Nc
Giants Stewart was called from the 9TH
er court room to defend case, and he
gave the same excuse, but denied that
Magoon was needed in the other court
room. Magoon was again sent for and
sharply scored by the court for his at
tempted excuse and then was ordered
10 proceed. When the jury was sworn
in the afternoon, defendant moved that
the court direct a verdict of acquittal
on the ground that the facts showed
him innocent of the crime charged IN
the complaint, namely, selling liquor
without a license. The defendant ex-
hibited his license, and then 1t was DIS
covered that the charge was violation
Of the Sunday-closing section, but as
this was not specified in the COM
plant, the court granted the motion
and Mckenzie was discharged
The complaint was again at fault IN
the case of John sylvia and three 9th
ers charged with assault and battery
The complaint did not specify which OF
seven sections covering assault, the de-
PENDANTS were charged with, and they
were also ordered released
J. NJ Kealoha pleaded guilty TO sell
ing liquor without license and upon
motion of Deputy Acknowledgements
Douthitt sentence was suspended until
the next term Of court
This cleared the docket for the after
noon. and the jury was excused. the
court then calling attention TO the m
creasing irregularity OF the comp3a MS
offered on appeal from the district rnaGis-
trates "A serious condition coufronts Us
as a result" said the court. L am COM
PEELED TO turn loose upon the communl-
~ a lot of these defendants who no
doubt deserve punishment because OF
fatally defective complaints and war
rants.
Ignorant and incompetent police off,
GERS are allowed to draw up these war
rants and naturally make mistakes. Il
! seems to me that the attorney general
could Wei apportion money TO the police
court for the payment Of an attorney 70
properly draw up these papers. II ne
hasn't the -~-o--a-7 ~rr1ds probably II
can be tak,-- rom The y .dantals, tie
same fund which is drawn upon Tor serd-
ing people TO sWashington. The court
does not wish TO release these men, but
has no other alternative
1T is not the fault OF the lower judge
for all he has 10 do is to swear enc war
rants and complaints; neither does the
court accuse the high sheriff or Deputy
Sheriff Chillingworth Of these things
, is rather the fault Of ignorant police o.
ficers, and I am told that there are s"Tne
attorneys who are yet unable 70 draw
complaints properly. The high sheriff
and deputy high sheriff are far more
competent in these matters than some
of the attorneys. but IL is the duty Of
the officials 10 look into the warrants
and complaints before they are served.
and not arrest a person on a defective
order
WADE GETS OFF EASY.