The Hawaiian gazette., 1908-06-05
BRECKOhs CITED
IN POLICE COURT

W. BrSchOnS was arrested yesterday
on a warrant sworn out by TheodoI,
Richards and issued by District Magis-
trate Andrade, charging him with vio-
lation of Section 30SS OF the Revised
: Laws of Hawaii, in being present al
prize fight.
The arrest, which was formal and
purely technical. was made by Sheriff
Iaukea who, in company with Judge
{ Andrade, went to the Judiciary build
ing with the warrant. Mr.. Breckons
was in Judge Dole's court room at the
time engaged in the trial of the Koki
case. A note was sent to him saying
he was wanted in his office. When he
went there, Sheriff Iaukea stated his
mission, formerly served the warrant,
| and Judge Andrade took his recogniz-
ance until this morning at o'clock.
The action in swearing out a war
rant under the Territorial law was not
the action of the Civic Federation, but
of Theodore Richards in his capacity
as a citizen. Mr.. Richards wished this
clearly understood 1t seems also to
have been done without prior consul
tation of an attorney.
Theodore Richards and Rev. E. W.
/
ons on Monday concerning action to
1 be taken regarding Saturday nights
contest. Breckons refused to take any
action pending instructions from Wash
ington, he having written fully regard
| ing the matter to the Department of
Justice, Mr. Richards and Mr.. Thwing
having been made acquainted with the
tenor of the letter.
Richards and Thwing then consulted
Judge Dole, urging him that he issue
warrant. Judge Dole took the ground
that while he had the power to issue
a warrant still the matter having been
reported to the Department of Justice
at its request he thought il only
proper to wait until the views and
wishes of the department could be
learned. Though he might issue war
rants to bring persons accused before
him, and though they might be COM
mitted to await the action of the grand
jury. even if the grand jury found in
dictments, the District Attorney could
nolle prosequi them Judge Dole ex-
pressed the opinion that if those in
terested were determined to take ac-
ton at once, the place for them to
proceed was in the Territorial courts.
When Theodore Richards applied for
a warrant for Breckons it was sug-
gested to him by both Sheriff Iaukea
and Judge Andrade that penal sum-
mons would answer every purpose OF
bringing both Breckons and the whole
matter before the court. Mr.. Richards,
however, said that as he was the one
responsible for the action he desired
TO take he felt il must be in his own
way
Warrants were also issued en- Rich
ards complaint against Jockey Willis
and All Sam. Willis was booked to
sail by the Mauna Kea for Hilo where
he is engaged to ride. He was re-
quired to give bonds in the penal sum
of $500 which were speedily secured. All
Sam was released on his own recogniz-
ance, as Breckons had been.
The cases being in the District Court
they come under the jurisdiction of
County Attorney Cathcart or some one
of his deputies, to prosecute. Ly.e A |
Dickey was later in the day retained |
to assist the prosecution. He went at |
once to consult with Cathcart. The |
latter said that the thing had been
sprung without consultation with him; |
should be used to work the whims or
purposes of individuals. He should
therefore consider the matter whether
in his opinion the cases ought to be
prosecuted or not, and would act ac-
cordingly. If he determined that the
cases ought to be prosecuted he would
personally be in court to prosecute
them II he decided that the cases ought
1. .1ll lAl
proseqai them. So that it will not be
known until this morning what will be
done, whether they will he nolled or
prosecuted, or whether Dickey will be
allowed to appear on behalf Of the
A number of lawyers have volun-
teered to defend Breckons. Among
them are Holmes & Stanley, w. A.
NJ. F. Prosser and Frank
Thompson.
The list of witnesses named on the I
subpoena is as follows: Frank E.
Thompson. w. c. Peacock. Charles E. ,
Meston, George F. Henshall, C. S. i
Crane. Edward Dekum, John Lucas, ,
Dr.. F. H. Humphris. Edward Dekum
IS in Europe. Just how he came to be
reported as among those present at the
contest was a subject for quip and
Joke around town.
Breckons declined to discuss his ar
rest, further than to say that several
awyers had volunteered to defend him.
The section of the statute under
which these warrants have been sworn
put is as follows:
Section 30Ss. Any affray is the fight
ing of two or more persons in a public
plce: and includes any prize fight or
other premeditated contention, where
no weapons are used. Whoever takes :
part in, encourages, or promotes an
ARRAY. or is wilfully present as spec
tator at any prize fight or other pre-
meditated contention. shall be punish
ed by fine not exceeding five hundred
dollars or by Imprisonment at hard
labor not more than six months.