The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1910-06-25
PROSECUTION TAKES
STAND THAT RIGHT
METHOD WAS USED
IN ASSAULT CASE

Eszi-e Gtzytl"+g =
City and County Attorney Cathcart
in an interview this morning made to
a Star reporter the following state
ment:
My attention has been called to an
article in this mornings Advertiser
relating to the case against Edward
G. Lane, in which he was chraged
with certain indecent acts with a nine
year girl.
Last Sunday evening Lane, accord
ing to the story told by the little girl
was guilty of certain lewd conduct
towards her. A full investigation Of
the facts was made both by Deputy
City Attorney A. M. Brown and De-
putty City Attorney F. w. Milverton,
and while the facts were disgusting,
yet, in the opinion of the deputies and
of myself, they were not sufficient to
warrant charge being placed against
NIT the crime of rape.
Section 1896 of the Revised Laws
known as the Vagrancy law provides
that any person who is lewd, wanton
or lascivious in speech or behavior
shall be punished by Imprisonment of
not more than one year, and the acts
of Lane clearly coming within the
definition, he was charged under this
section, that being the highest charge
that could be placed against him un-
der the facts. Accordingly, yesterday
morning Lane was so charged, and
entered a plea of guilty, and on the
request of Deputy Milverton was given
by the court the highest penalty pro-
vided, namely, imprisonment for one
year.
"On Thursday morning the matter
came up in the police court, and at
that time it was continued for one
day. Mr. Milverton then informing
Chief of Detectives McDuffie that no
conviction was possible under the
facts upon charge of assault with
intent to commit the crime of rape.
Mr.. McDuffie then insisted on a trial
upon the higher offence, stating that
public sentiment required it, and Mr..
Milverton replied that he was not 60
ing to prosecute a man for an offence
that the facts would not warrant be-
cause of public sentiment and re-
quested Mr.. McDuffie to prepare a
charge against Lane as being a lewd
and lascivious person.
"After these proceedings on Thurs
day Mr.. McDuffie called the attention
of the matter to F. B. McStocker, fore
man of the grand jury, and to the
Attorney General, placing a construc-
tion upon the law contrary to that
arrived at both by myself and by Mr..
Milverton. AS soon as | learned that
Mr.. McDuftie had gone out of his way
in this manner. I requested him to
call at mZ Office, and l asked him
whether it was the fact that he had
taken mp the matter with the Attor-
ney General and he said it was.
then said: That is all, McDuf1ie;
wash my hands OF you
"Mr, Milverton then said: 4 told you
this morning, Mr.. McDufie, that Mr..
Cathcart, Mr.. Brown and myself had
gone into the facts thoroughly, and
had come to the conclusion that we
could not get a conviction on the
higher charge, and you have no busi-
ness to assume to construe the law
coctrary to our advice Mr.. McDuffie
then left the office.
Mr.. McDufie neither at this time
nor at any other time told Mr.. Milver-
ton to shut up but left the Office
without another word. The state
ment of McDuffie that he so address
ed the deputy is as false as the state
ment that | informed him that there