The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1910-12-16
City Attorney Tries to NOl-PTOs
Case Even When He Has
Nothing to Do With It.
COOPER DENIES THE MOTION
CathCart Follows Failure With
Statement That He Will Now
Stop All Prosecution.
CFrom Thursday.s AdvertIser.l

Defying his superior in an effort to
obtain the release of Edward f. Lane,
accused of vile assault on girl under
age, City Attorney John w. Cathcart
yesterday moved that nolle prosequi
be entered and the defendant dismissed,
and upon the refusal of Judge Cooper
to grant his demand announced hotly
that prosecutions by the city attorneys
office in the circuit court would stop.
The action of the city attorney was
unprecedented in the circuit court, as
instead of being engaged in the prose.
cution of the case he is a witness for
the defense and has absolutely no juris
diction over it, it being conducted under
the direct supervision of the attorney
general.
Yesterday morning Cathcart an
nOunced to Judge Cooper that he in
tended to enter a nolle prosequi in the
case. AS Cathcart had never in any
way been connected with the prosecu-
tion of the case, Judge Cooper took the
precaution of calling up the attorney
general, Lindsay stated that he GER
tainly would not agree to any such
action and did not know why it had
even been intimated without any con-
sultation with him.
Judge Cooper explained that as the
attorney-general had the sole jurisdic
ton over the case, he did not see his
way to grant Cathcart's request The
latter Immediately arose and announced
that as long as Lindsay denied his right
to practise in the circuit court, he and
his deputies would withdraw from all
circuit court prosecution after pending
cases are disposed of.
With that he left the courtroom, and
the case was set over until Friday.
Iindsay's Statements.
81 am very much surprised at Mr..
Cathcart IS action" said Attorney-Gen.
eral Lindsay yesterday, "and you can
quote me as saying that. He probably
fOrgets that L am his superior in all
criminal prosecution, and that the law
expressly names him as my deputy. No
county attorney can, under the law,
enter nolle prosequi without my con-
sent, but l have always left these mat
ters strictly to them and not in any
way interfered with city prosecution.
I'm this instance Mr.. Cathcart had
absolutely nothing to do with the case,
which was being prosecuted under my
direction alone, and L can not under
stand how an attorney with his knowl.
edge of law could possibly find reason
or an excuse for such an action. l
have always been good friends with Mr.,
Cathcart and l certainly would like to
have talked to him before he made any
motion like that.
81 believe that the appearance of
Lorrin Andrews as special prosecuting
attorney under me was the cause of
Mr.. Cathcart' IS action and think that
if Mr.. Andrews had not been there no
such motion would have been made.
The girl s mother came to me and asked
that Mr.. Andrews be permitted to pros
ecute the case. l consented and still
intend that he shall do so.
''SOme time ago Lane pleaded guilty
in the police court to a charge of be-
ing a lewd person and was sentenced
to a year in Jail. Mr.. McStocker, who
was then foreman of the grand jury,
came to me and asked whether the
grand jury could indlct him on charge
of criminal assault. I said 1 thought
they could and it was accordingly done,
At that time Mr.. Cathcart differed
with me on points of law and I under
stood that he was to have nothing to
do with the matter"
Lost All Around.
Lane, as Mr.. Lindsay stated, pleaded
guilty to a charge of vagrancy after
Cathcart and his deputy had managed
to get a charge of criminal assault mol
pressed more successfully than they
did yesterday. Cathcart afterwards was
requested by the grand jury to get
out of the room while they considered
the case and altogether his unsuccess-
full attempt to dispose of the case quiet !
ly has led TO a series of hard knocks |
for his department. He was subpenaed /
by the defense of Lane to appear as
a witness for Lane himself, but sent
down word that he was sick and has
not appeared in court for some time
previous to yesterday.
When asked as to what would hap
pen If Cathcart carried out his threat
about retiring from the circuit court
prosecutions, Mr.. Lindsay smiled and
said:
"I think that's lot of hot air. If
such a thing happens Wen have to
see what to do about it. Mr.. Cathcart |