The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-06-03
BRECkONS CITED
IN POLICE COURT
Warrant Under Hawaii Statute
Sworn Out by
Richards.

United States District Attorney R.
w. Breckons was arrested yesterday,
on a warrant sworn out by Theodore
Richards and issued by District Magis-
| trate Andrade, charging him with vio-
lation of Section SoSS 'of the Revised
Laws of Hawaii, in being present at
a prize fight.
I 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 recognize
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
Thwing had a consultation with Breck-
ons on Monday concerning action to
be taken regarding Saturday nights
contest. Breckons refused to take any
action pending instructions from Wash
z F,,lY ri
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
a warrant Judge Dole took the ground
that while he had the power to issue
! warrant, still the matter having been
reported to the Department of Justice
at it's request, he thought it 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
warrant for Breckons it was sug-
gested to him by both Sheriff Iaukea
and Judge Andrade that a 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 it must be in his own
way.
Warrants were also issued on 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 recognize
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;
that he did not intend that his office
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 If he decided that the cases ought
not to be prosecuted he would nolle
prosequi 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 |
prosecution.
A number of lawyers have volun- |
teered to defend Breckons. Among |
them are Holmes & Stanley, W. A. |
Kinney, NJ. F. Prosser and Frank |
The list of witnesses named on the |
subpoena is as follows: Frank E. /
TIL on~son. w. c. Peacock. Charles E. |
Weston George F. Henshall. c. S. |
Crane. Edward Dekum, John Lucas.
DR.. F. H Humphris. Edward Dekum |
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 |
lawyers had volunteered to defend him. |
The section of the statute under |
which these warrants have been sworn |
out is as follows:
Section 3OSS. Any ARRAY 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 a 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
-%%-s-