Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-12-04
Hearing Ends After Commits
sion Has Asked for Argument
on Modification of lar
rett'S Action
DEPUTY SMITH ASSAlLS
CHARGE OF CONSPIRACY
Declares That He Took lnvesti-
CATION Into His Own Hands
and Told Others to
~ Keep Out

The commission after considera-
ton finds that by its. rules and regu-
lations ii must either affirm, modify
or disaffirm the action of the sheriff.
The commission would like to hear at
this time any arguments from counsel
on the question of modification -
CHAIRMAN WIRTZ, at the close Of
the John r Kellett hearing before
the civil service commission late yes
Iterday afternoon. = =. -.
II the decision of the civil service
accumulation can be predicted on the
basis of the above quotation. Sheriff
Jarrett's dismissal Of former Detect
i've Kellett will be reversed and, pos
sibly after some suspension, Kellett
viii be reinstated. After hearing E.
G. Peters, the discharged detectives
attorney. complete argument in
which he dealt specif. and gerer-
tally with the charges against
his client. and after the ting ar
gument Of Deputy Alto 1y-general
Smith, which also was awarded much
praise, the commissioners filed ont OF
the senate chamber for a few min
utes deliberation, and returning,
Chairman Wirtz made the above state
ment.
A short discussion followed, the at
torneys replying to the question put
/ TO them by the commission, and then
the hearing came to an end. Chair
man Wirtz announced that the deci-
sion OF the commission will be made
known tomorrow evening at 7:30f in
the chamber Of the supervisors, lnu-
nicipai building
Replying to the question on modifi-i
cation OF the action of the sheriff,
Smith rose and said:
This involves the entire question
of the right Of the commission to
butt in. so to speak, at all But ii
seems to me now. inasmuch as we
have submitted to this hearing, that
the sheriff should not interfere II
the commission has any power, 1t has.
power to modify =
Chairman Writ asked:
"Do you then believe that by com-
ing before the commission all objec-
lions to its jurisdiction are waived g..
Il think So replied the deputy at
torney general
There has been no differences be-
tween counsel remarked Peters, soni
the DoNer5 81 the commission. We
have come here on appeal We have.
not Joined those who have shifted at
the powers Of the commission.
No More Long Hearings Likely
With that the history-making case
history making for the commission. at
least. came to its end 1t promises to
be the only hearing Of its kind that
VIII ever be held before the commits
sion, for Chairman Writ has already
announced that the rules and regula-
lions viii be amended to alter the
procedure to the end that an appeal
may be heard and disposed Of within
an hour or two.
It has been many days since an ar.
gument, such as the one made sbyi
Peters, has been heard. For two
hours and a half he spoke, his adj
dress divided between the morning
and afternoon sessions. With con-
summate skin, he marshailed his
facts, made his points; not alone re-
viewing the case generally, or bring
ing out the so-called conspiracy Incl
dent to It, he took the charges up In
order and one by one they were dis
posed Of. In the brutality cases, hel
did not merely show his reasons for
discrediting the testimony adducedl
from witnesses called to support them,
but gave attention to the affirmative
matter he had ready to present, which
he said would not only setoff the evil
dence of the sheri7f's witnesses but
would overthrow it On each charge
he named the witnesses he had ready
to call and gave synopsis Of what
they would testify
Regarding the ring which Rellett
admitted having worn, he said In
part:
I'VE viii show that Mackaye, Me-
Duffie and the boys OF the station
had known for a long time that Kel-
lett was wearing It but in grasping
for straw to get something somehow
against my client, this ring business
is brought up. When I took the ease
/ told Kellett to put IL back. You. /;
Mr.. Chairman, would not wear a |
trinket left with you. But the fact
is that this man does not look at it |
as you do. But is there anything Grim
inaI about that 1t is absurd" /
Again he took up the statement
made by Smith which was that when
ever case of brutality had been
brought to the attention of the shelf. !
Sc, the guilty officer had been sum.
mariIy discharged. He said it was
rot mis- purpose to discredit the sher
iff, but that as the statement had
been made he felt he should show |
that it was not correct. He then cited !
the cases of Officers Perry and Size.
more, who have admitted beating |
prisoners. ~.
He remained for some time in argu.
ment on the embezzlement charges.
He read the statement made by De |