The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-03-08
CHIEF AND JUDGE
At L0GGERHEADS
Monsarrat and McDuffie Carry
Row to Judge Whitney,
Long Standing Feud.
lFrom wednesdny 3 Advertiser.l

(From Wednesday s Advertiser)
Trouble long brewing between Judge
Monsarrat and Chief AeDufie of the
detective staff came to head yester-
day when the former called on Judge |
Whitney of the circuit court and COM
planned to him about the action of the
chief
The trouble was partly die to W. 7.
Rawlins, the attorney, who defend
Morimoto, japanese who runs bill
lard room, in the police court yester.
day morning. Morimoto was charged
with permitting a minor, an eighteen
year-old boy named John Kokua, to be
on his premises, licensed as billiard
parlor. Chief McDufiie, who arrested
the man, was the first witness. His
testimony was afterwards ruled out by
Judge Monsarrat on Rawlins request,
as conclusions
Young Kokua took the stand and
testified that he had been in the place,
but had not been playing. There was
no game going on, he said. The law
reads: mo minor or female person
shall be permitted to be or remain IN
or about any premises where licensed
The Judge discharged the prisoner, at
Rawlins' request He refused Brown
permission to reopen the case and in
troduce evidence regarding Morimoto s
license, which he had not specifically
done before.
Boy on the Stand.
The main witness was, Kokua. The
boy testified on cross-examination that
Il =.
the day before and had slept in the
same cell with four Filipinos over
night Rawlins then talked about the
"persecution with which the police
followed up their victims. He denounc-
ed McDuffie and his men for holding
the boy in Jail, referred to "police
outrages. -
The boy was discharged. Judge Mon
sarrat, as soon as his duties permitted
him, went to Judge Whitney.
81 can't understand what he camt
to me for said Judge Whitney yes
terday "He came in as mad as posi-
Bile, striking his fist on the table, and
started in to talk about McDufiie AL
could do was to show him the law
which says that minors under the ag,
of ten could not be held in Jail anC
that between that and the age of eigh
teen they could be held in Jail but thai
they must be kept in separate cell
Over the age of eighteen there are nj
restrictions and this boy was over eigh
teen. McDuflie was holding him t,
bring him before me, which, of course
he had perfect right to do.
"'Chief McDuffie is doing what h
can to keep minors away from billiar
parlors. OF course" he added in an
swer to a question, "this procedur
does not help him any. The police hav
been most careful about handlin
minors at the police station. l do nc
know of single case where they hav
ever exceeded the law, or where the
have not paid the most scrupulous a
tention to it,
McDuffie is as mad over the matte
as is Judge Monsarrat. "Unless L g
a man to plead guilty I don t seem
stand n chance to convict at all, I
matter how good the evidence is
said yesterday. "I took the boy
to Judge Whitney today and as l w
leaving / saw Judge Monsarrat goil
in. / went in too as | wanted to
in on anything that was going on. I
started out by saying / had no rig
to keep the boy there and Judge VIII
ney took down the book and show,
him the law, and that I did have Il
right to do it. Then Monsarrat sa
that the boy should have been turn,
over to the probation officer. Jud
Whitney told him that there was
detention home, or any place where
could be kept except in the city ia
Monsarrat then said that at least
should not have put him in n cell wi
Filipinos.
f'Rawlins is still playing his sar
old game and heaping abuse on t
boys of my staff who are doing the
level best to perform their work prop,
iy. I'm getting tired of that, amo
other things"
The Courts Statement
''The case was simply this s.
Judge Monsarrat, last night. ''1
prosecution did 7 prove that Morim
conducted licensed billiard parlor a
had to discharge the defendant.
prosecution moved to reopen their ca
but Mr.. Rawlins argued that it could
be done and quoted United States
thorities
al was good deal influenced
reaching my decision by the fact I
the owner of the billiard parlor '
outside when the boy went in, and Z
there was no game going on. lool
at this as being pretty hard on the
if he had Just slipped in and sat oil
bench for five minutes and then pie
up cue which japanese had
down.
"What annoyed me most was
witness, the boy, being brought
court in the custody Of the officer
a convicted prisoner. Then Raw
put up a spiel about the persecut
en- the part of the police and coult