The Hawaiian gazette., 1910-06-28

to permit special counsel to prosecute
in this manner or not and the city
attorneys department, through Milver-
ton, showed no willingness to let An
drews prosecute the man.
The change in the charge aroused
great deal of indignation everywhere
when it was learned that this action.
was to be taken and McDuffie, with tha
father of the girl, went to f. b. Nc
Stocker, the foreman of the territorial
grand jury. To him McDuffie told the
facts of the case,
McStocker expressed indignation over
the matter and intimated that he be.
lieved the city attorneys department
to be running things over the head
of the grand, jury. It will be remem,
bered that the grand jury has already
indicted Manuel Richards against the
advice of Cathcart.
From the foreman of the grand jury,
McDuffie went to Attorney General
Lindsay, asking his advice. Lindsay,
after hearing the details, answered that
Milverton's views on the subject seem
ed to be correct but added that two
heads were better than one and went
in TO confer with his deputy.
When he came out he stated that
they had decided that they would be
able to prosecute on the original charge
(Section 2929). ~
just as McDufie went out, he met
McStocker going in, and the latter then
had long conference with the attor.
ney general, which, it is understood
resulted in a decision to take the mat.
ter up before the grand jury and have
the man indicted on the other charge.
The encouragement, however, is
hardly likely to take hand in the case
and Cathcart viii be compelled nominal
ly to conduct it, NEcstocker, however,
is so well posted on the case that most
of the questioning will undoubtedly be
done by the jurymen.
McDuffie's action in carrying the
matter up to the head of the legal de-
partment of the Territory at the re-
quest of the father of the assaulted
girl, backed by the sentiments of all
who knew the case and with virtual or
ders to do so from Sheriff Jarrett has
incurred the wrath of Cathcart. Jar
rett has approved of the plan which his
chief of detectives is pursuing and will
direct the fight against the stand which
the city attorney has chosen to take
III bulS anu OGHeT LldIlGIs.
Cathcart IS views and the manner in
which he is liable to pursue the Lane
case are best judged from the events
that followed Immediately after Nc
Duties return from the office of the
attorney general.
While McDuffie was in his office, he
received a telephone call from the
city attorney to come up TO the Getty
hall F." at once and accordingly did so.
81 understand" said Cathcart, in
no pleasant tones, that you have chos-
en- to carry the case up TO the attorney
general. -
81 did," said McDunie.
Well" snapped Cathcart savagely,
81 wash my hands of you. refuse to
have anything more to do with you.
There viii be no more prosecution from
this Office"
He then arose and left the office.
Milverton, who was present, took up
this interesting conversation, saying
that Cathcart, Brown and himself had
looked over the statutes and decided
on the course that they had adopted;
that McDuflie knew nothing about law
and should have kept his hands off
the matter
McDuffie, thoroughly exasperated,
curtly told the deputy to shut up and
left the room.
The matter stands thus at present,
the sheriff and Deputy Rose taking the
part of Chief McDuffie, not as a matter
of policy, but in an honest belief that
they have pursued the course that their
duty called for and they have been
backed up in their belief by the at
torney general in spite of the legal
acumen of the city attorneys depart
ment.
The threat of Cathcart to withdraw
all prosecution is somewhat ambiguous
The county law provides a salary for
a deputy to prosecute the case in the
district court. If the prosecution stops,
so does the salary