The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1910-12-20
COURT AND COUNSEL DISCUSS
THE RIGHT TO NOLLE Pros

"Nolle prosequies are not entered
as a right, as we have learned lately"
said Attorney Joseph Dlghtfoot, in
the police court this morning, when
contesting the application of Deputy
City and County Attorney F. w. Mil
verton for a nolle prosequi in the
case of H. Nomura, who was charged
with selling liquor without a license.
The argument arose over the APP
plication of Attorney Milverton to
amend the charge against Nomura
yesterday, which was objected to by
Lightfoot This porning before
Judge Lymer, MIlverton moved for a
nolle prosequi on the ground that an
other charge covering the some Of
fence on the same set of facts was
to be proceeded with.
Attorney LightfoOt was not in court
when this application was made and
the matter was allowed to stand over
until he made his appearance. Judge
Lymer, on Lightfoot appearing, ex-
planned the suggestion of the pros
ecution and said that he wanted Il
to go on record that Lightfoot, as
counsel for the defendant, acquiesced
in the proposed change, but this re-
quest brought forth a strenuous pro-
test from Lightfoot.
81 do not feel that l should be be-
ginning to do my duty to my client
if l should consent to the entry Of
nolle prosequi in this case," said
Lightfoot. "The entry of a nolle pro-
seoul does not constitute bar t.
a different and subsequent charge OF
the same ground. Now here we have
been charged with selling certain in.
toxicating liquor to a certain man
All Y, and to that charge We have
pied not guilty and we stand for
| judgment on that, not for nollt
prosequi. Il submit that it is our right
to be found guilty or not guilty OF
the charge which mas been made
against us and to which we have
pied, for the very reason that we
want such a judgment as can be
pleaded in bar to any subsequent pro.
ceedings that are made on the same
grounds. Let them go to work on the
sworn complaint and try us on the
| charge of selling liquor without a Ii
cense and we are ready for trial.
submit that to come here and find
they have the wrong pig by the cal
and then just simply to drop that
pig and take up another and after
wards come back to the first is moi
! administration of justice in an order
ly, proper and expeditions manner
l submit that We should have judg-
ment of not guilty or that we should
go to trial?"
Attorney Milverton-"Counsel has
evidently forgotten the stand he took
yesterday when the original case was
called up and l moved that be per-
mitted to amend the complaint to
show, not that he had sold to All You
but that he had caused to be sold by
person employed for that purpose
intoxicating liquor. Counsel ther
objected to an amendment of that
kind, because it would not he an
amendment, but an entirely different
charge and he very learnedly point
ed out the statute showing that there
was difference between selling and
| causing to be sold. I then requested
Mr.. Fennell to prepare a change on
this so-called distinct offence, TAX
ing Counsels view or it., and it IS
this other offence which Mr.. Fen
nell now charges"
Judge Lymer-"So far as the nolle
prosequi is concerned the court win
request that the attorney for the pro-
secution enter a nolle prosequi and
will permit the other case to be pro-
ceeded with"