The Hawaiian gazette., 1910-06-28
CATHCART COMES
down ON CHIEF.
The City Attorney washes
Hands" Of McDuffie, Because.
Latter Did His Duty.
cFrom SATURDAY Is Advertiser,


An open ruction has occurred between
the legal and executive ends of the
police administration of the city, in
which both sides have declared war
apparently to the finish. The imme-
date cause of trouble is the case of
Edward G. Lane who was sentenced
yesterday to a year in prison for vag-
raney, but behind it all are elashing
methods of administration and clash
ing views on the matter in which the
police system of the city should be run.
The breach between the city at
torney's department and the sheriff IS
office occurred yesterday when City
Attorney Cathcart declared, after a few
heated words with Chief of Detectives
McDufie, that there would be no more
prosecutions by his office in the police
court.
About a week ago, when Chief Nc
Dufie was called upon to investigate
the attempted assault which had been
made on a little nine-year girl, he call
ed in second Deputy City Attorney A.
M. Brown to assist in drawing up the
complaint. After a careful examina-
ton of the statutes Brown declared
that the man assaulting the girl could
be tried and most probably convicted
of the violation of certain section of
the revised laws which provides a fine
of not more than $1,000 or imprison-
ment at hard labor for more than FIVE
years. Those who knew the details of
the case at that time became exceed
ingly aroused against the girl s assail-
ant whom investigation showed to be
Edward G. Lane, an assistant bookkeep-
err at the Honolulu Iron Works.
After several days search the man
was found, he having deserted his work
and his room and showed unmistakable
signs of being guilty of the charge on
which he was Immediately booked at
the police station. Yesterday he plead
ed guilty to the assertions made
against him in court.
About four days ago he came up for
trial in the police court before Dis
trict Magistrate Frank Andrade At
that time Brown was out of the city
and Fred Milverton, deputy city attor-
ney, was prosecuting in the police court
in his stead. The ruction between the
two departments that came to a head
yesterday commenced then.
Leon M. StIaus was the attorney de-
Tending Lane and he was seen to have
conference with Milverton, whether
on this case or not is not evident.
However, after Judge Andrade had
disposed of the case by setting it over
for several days, Milverton leaned over
to McDnffie and whispered to him that
he was unable to convict on this charge
and that they would have to have it
nol-prossed and enter a charge of
vagrancy.
McDuffie asked why and Milverton
is reported by those who overheard the
conversation to have answered that
more careful perusal of the statutes had
shown the uselessness of proceeding
along the present lines, repeating his
assertion that vagrancy charge was
the most that could be entered. This
charge carries a maximum penalty of
only one year in Jail with no hard labor.
"Well," said McDufiie, "Brown
made the warrant out and said that we
could convict on it. Didn t he know
what he was doing9 There is great
public sentiment aroused against the
man.
~ don It care d. for public
sentiment, - said Milverton.
"Then let the man go and assault
some one else IS little girl" retorted
MeDufie, heatedly raising his voice
until Judge Andrade cautioned him to
have more respect for the eonrt.
McDunie at once sent John Kellett
down to make out a warrant for vag.
raney against the man, which was done
and on this charge the man pleaded
guilty yesterday morning and received
one year in Jail for his crime.
However. that did not end the case
as far as the police department is con.
eerned. The father Of the girl was not
satisfied with the result and as iio had
retained LoFrin Andrews as special
counsel for The prosecution and as An
dfeWa had not been permitted 10 press
the eaae, be had added cause 10 believe
thar he had not been fairly dealt with