The Hawaiian gazette., 1908-10-30

The Advertiser has published the par
ticulars under which one criminal
charge was nol.prossed in the police
court, after bargain had been made
between the one on trial and Adachi,
who claimed to be runner of John
w. Cathcart, the deal being arranged
in Cathcart IS office. There are mum
Der of other cases dropped under ex-
tremely suspicious circumstances. In
other cases, such as those of the con
victed che-fa bankers referred to on
Tuesday, the influence of the County
Attorneys department appears to be
used for the purpose of securing lower
or suspended sentences for those con
victed of crime, and instances where
those convicted before the police magis'
trate have profted greatly by carrying
their cases to the Circuit Court have
been given in this paper during the
past year.
As an instance of the method of
handling criminal cases by the County
Attorneys department, the case of one
Matsu, charged with selling liquor with.
out license, may be cited.
Caught Red-handed.
Matsu was arrested on September Is,
1907, by License Inspector Fennell, as
sisted by squad of police, in raid
made on the California restaurant. The
accused was caught in the act of sell
ing liquor and marked money, paid him
by informers, was found in his posses
sion. A search revealed the fact that
a large stock of liquor was being kept
in the restaurant 1t was case in
which positive proof of guilt had been
} secured, something almost as hard tc
get in "blind pig" case as it is in
that of a grating case.
So positive was the proof that Matsr
} acknowledged his guilt, stated that he
J was ready to plead guilty and only ask
: ed that he might have his case post
; poned long enough for him to get to
! gether the one hundred or one hundred
and fifty dollars that he would certain
} ly be fined. AS a plea of guilty woulc
save the county the expense of the trial
, the police and Mr.. Fennell agreed t.
. the postponement of sentence and thu
: case was accordingly continued by tn
police magistrate from September 16 t.
9 September IS, and again to Septem
Der %.
On that day A. M. Brown, Deput.
a County Attorney, had the case called
q Matsu entered a plea of guilty, a
: agreed, but, to the establishment of tn
, police officials and the License Inspec
4 tor, who had worked hard to secure tn
a arrest and have the evidence to cor
n vict Mr.. Brown Immediately asked tn
n magistrate to allow the men to go o
. suspended sentence. The magistrat
did.
The Chief of Detectives and the II
cense Inspector demonstrated with M
= Brown and demanded to know the res
o son why such n sentence should be ash
- ed for after the man had agreed t
n pay fine. They also wanted to kno'
N why the County Attorneys Office ha
~ not even taken the trouble to consul
~ either Taylor or Fennell as to the nj
:, ture of the evidence against the a,
cused7
Mr.. Brown simply pointed to not
that he had, note signed by job
Cathcart asking him to ask for SUI
: pended sentence for Matsu, concludin
y with the words: "I will explain later.
,s Maxine Got Fifty Dollars.
~ Taylor and Fennell questioned Polio
A. Officer Townsend, the Japanese int
e. prefer in the police court and instructe
ID him to learn, if possible, how the SUI
W pended sentence had been securet
n Townsend afterwards reported that tn
1t proprietor of the raided restauran
10 Matsu's employer, had paid Fred M,
% kino fifty dollars in the case. Neiths
& Maxine nor any known agent of h
V appeared in the case nor was the a,
e. cused represented by an attorney.
s, Mr.. Brown never told the Sheriff, til
ir Chief of Detectives nor the Licens
. Inspector what Cathcart explained I
IS him "later.''
is No explanation of why Fred Maxim
Or was paid fifty dollars in the case hs
y ever been made.
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