The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-09-25
.HART CASE UP AGAIN
CcontInued from Page onel.

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charge and the defendant should be
dismissed.
Davis said Brown was to have hand.
ed him a copy of the charge but he
had not done so. 1--WE were together
Davis and I, all yesterday afternoon
and he never reminded me of it, said
Brown. There was a smile. Con
tributory negligence, suggested Judge
Andrade
Your honor has fortunately prac-
ticed law before your honor was ele-
waited to your honors present posi-
ton purred Davis. "and therefore
your honor knows the proper proceed
ure in a matter of this nature It is
for your honor to decide, this point in
volving the virtue of the charge. There
is nothing contrary to the statute
charged herein-'then and there being.
I guess the typewriter slipped and they
forgot to state what my client was
then and there being
Prosecutor Brown moved for a con-
tinuance Of the case until Monday
morning. Davis wanted the case to
come up tomorrow morning, but mean
while he wanted his client dismissed
because there was no proper charge
upon which he could be held Brown
drew attention to the fact that It made
little difference whether Hart was dis
missed on this particular charge or
not, for he would be held i'm any event
under the charge Of arson. THAT has
nothing to do with this case" said Da-
Wis.
Judge Andrade said that personally
he would like to see the whole Hart
matter go direct to- the grand jury.
But you have jurisdiction, your hon
or, have you not?" asked Davis. "Oh,
yes" said the court. "Then do not
want to take the matter out of your
hands" Davis stated that he had only
just come into the case. Hart had ask
ed him yesterday morning to repre-
sent him. His time as an attorney
was worth something and he wanted
the matter FASTENED, besides Hart was
entitled to a speedy trial. 1T is not
as if this were the only charge hold
ing him, reminded Brown. He may
be able to furnish bail, for all know"
said Davis
Brown said he needed time to pre-
pare the prosecution and Judge An
drade compromised the several de-
mands by continuing the hearing until
Friday morning at $3.50 o'clock.
Since the arson confession holds
Hart in any event, Davis had no siren
uous objections
After this disposition of the case
Hart was returned to Jail.
81 doubt if Hart could ever be con-
victed on the charge of mutilating
warehouse receipts if he had not con-
fessed to setting fire to the building,
said an attorney who had listened to
the court proceedings
Il wonder what the defense will be?"
remarked another spectator.
THAT Hart was the poor tool in the
hands of a scheming chap as yet I'M
mentioned" said one who pretends to
know
Insanity" said another.
Drugs suggested a third.
"H(e)art disease contributed a
fourth.
Browns stated reason for asking for
a continuance was that Chief Taylor
was the principal witness for the prose-
cution and he had gone to Eva on
business for the day and would not be
back until evening.
Lionel lost one good attorney by in
sisting on discussing mis- case with 9TH
ers. A. G. NJ. Robertson undertook the
defense at first, but Lionel wouldn't
follow his instructions about talking
with other attorneys. Hart was very
anxious to land Mayer, and several
times asked to see BreckOns and talk
with him, contrary to Robertson's in
| structions. Hart was anxious to lay
before Breckons as prosecutor anything
which he thought might help to make
thinks look bad for Mayer AS this
kept up, Robertson withdrew from the
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