The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-10-01

nG NHS ENAeAACC VI CoAA w. Co1ANDA
ountd Att Prney, as private counsel for
ae' cd arge} d with a criminal offense in
civil acti on now before Judge Lind
ay, is attn acting attention among the
wyers of the city and is regarded by
5 friends as an imprudent action and
~ those not in sympathy with the way
carries out his sworn duties as a
-azen defiance of legal ethics and a
sregard o4 his oath of Office Of the
ny opinions expressed yesterday
re were many more who thought
theart ought to be disbarred than
re were who sought to condone his
ions or 3 defend him.
Many years ago it was decided in the
preme Court of Hawaii that the At
rney Gengal could not accept re-
iner in Any divorce suit, the posi-
lity of the duties of the prosecuting
fetal as suA and his duties as lawyer
client being in too great danger of
Iashing. IN other cases the custom of
Attorneys Gsneral and their deputies
ecepting fees from those involved in
riminal eases has been condemned by
he Supreme Court. These decisions
nd the fact that ethieally a lawyer
annot be on both sides of any case,
as little weight with the incumbent of
he County Attorney IS office, however,
nd yesterday this remarkable public
roseeutor was found in open court as
Cunsel and defender of one openly
{ harged with criminal offense.
There is enbugh doubt of the ethics
s, prosecuting officer accepting any di-
rec case in private practice to keep
he ordinary official with a sense of
eeency out OF them, but the circum-
-anees under which Cathcart is now
citing is so phinly in violation of his
a.sth as County Attorney that in the
. inion of some lawyers he has placed
'mself in danger of disbarment.
To a layman, at least, it looks as if
athcart was pocketing the two hun
ised month paid him for prosecuting
-ime and then reaching out for the
ees which those charged with criminal
fenses and misdemeanOrs are willing
, pay him on their side in some way. |
: stheart, for instance, was supposed a
ia weeks ago to be prosecuting a
ne man named All Chez, charged with !
Eng liquor illieitly, while at the
fne time he was taking All Chez S
soney to defend him in trespass case
Judge De Bolt 5 court The prosecu-
on in the court against All Chez for
re alleged offense of running the blind
ig was lost, under circumstances which
allied for comment at the time and
.hieh the County Attorney made no at
snpt to explain
nWhat appears to be another fragrant
parture from duty is on view now
"a Judge Lindsay's court, where the
a drawing public money to prosecute
w is appearing as private attorney
- person charged with crime and
y ne private fee to press
" of crime against another.
rnIs is the divorce case brought by
nnie Will against her husband,
aries H. Will. Mrs. viii, in her
Crn complaint, charges her husband
h "illieitly eohabiting with one
kali" the husband, in his sworn
swer, denies the charge made by his
and in eross-bill charges her
tn "illieitly cohabiting with men
ID more especially with one John ;
raj " John W. Catheart appears ;
kthe defendant, his name being en-
sed on the answer in his handwrit
thus appearing as an attorney in 7
ense of a person in a civil suit, q
ere the very basis of the suit in
yes the eomnhission of a crime. Here a
u Dasls of the suit-there being a
lrge and counter charges an
nse which, achording to Section 3147
sne Revised Laws of Hawaii, is a a
winch CatEeart, as epunty Attor- a
IN duty bound f. investigate