Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-10-27
JURY MAY
HEAR EVIDENCE
AGAINST POLICE
CONTINUED nom page one,

j CONTINUED from page one1
4 hearing held at once in the McDufie
/. master: In the one to Sheriff Jarrett
he requested that II he could not
inform him OF the specific charges
against Kellett. he could at least let
him know whether the detective was
!, suspended. discharged or lowered in
rank
Sheriff Jarrett Informed the Star
Rulletin this morning that In both the
case of McDuffie land Kellett sus-
pension pending the determination Of
the charges had been made. This
fact becomes material In case Of ap.
peal to the commission, where the
regulations set out that in case Of
discharge or reduction In rank, speci.
ficafion Of the grounds for the action
must be given "by the suspending au-
thority,' which Jarrett nominally was
IN this case. Differing from this Is
the rude where an officer Is suspend
edit IS not then necessary for the
sheriff to state the cause. The sus-
pendee is given the right. however, 70
have the merits Of the removing au-
thority's action looked into by the
commission, which Is called an APP
peal.
That both Kellett and McDuffie vii
ask for such q hearing was determin
Ell this morning, but 1t now seems
likely that the commission will no.
take hand until the attorney zen.
erals office gives It's consent Atfor-
ney General Thayer stated this morn
ing that as the charges against Nc
Duffie and Kellett we're Of Grim.
nal nature, they must properly be
put before the grand jury, after
which. il the commission should de-
sire, It can give hearing.
Information Kept Secret.
THE civil service commissions
function IS purely disciplinary, while
what We have against the detectives
IL criminal pointed out Thayer this
morning. we win therefore present
our case to the grand jury and ask
that indictments be returned II they
fail to consider the evidence suffi.
cient, We can then turn over what We
have to the civil service commission
The attorney generals department
did not wish to give out more infor-
nation this morning. Both Fhayer
and Smith appeared confident that
they have strong case AGAINST the
detectives. and that it Is now In
shape to present to the grand jury.
AS the case is nearing It's critical
point, Sheriff Jarrett has begun to
hold his tongue. When he was In
formed that a hearing before the COM
mission would be asked for Wednes-
day evening, be opined that he was
ready for it. Beyond this, he had
nothing TO say.e1 ~
II was learned from the attorney
general that Jarrett. when presented
With the formal demand from Peters
for Kellett asking . specification Of
the charges and answer to the ques-
ton of whether the detective was
suspended, reduced in rank or dis
charged that the .1removiug author.
ity'' had conferred with Thayer. and
that the latter advised him not to re-,
ply to the letter. at least not for the
tine being
Another Unanswered Letter.
Peters letter to the shefin, which
SO far has not been answered, he says,
reads as follows:
Hon. VIM. P. Jarrett,
Sheriff, City and County of
Honolulu.
Sir: On the 18th inst, on behalf
of John Kellett, request was made Of
you for certain information which
thus far has not materialized.
It occurs t0ns that the Illness of
the Hon. Arthur G. Smith, deputy
attorney general. does not prevents
YOU from informing Mr.. KelIett Of
what you intended By your actions OF
the Path inst. whether it were re-
moval, suspension or discharge.
You yourself should know what you
intended to do, and at least, In JUS
tice to Mr.. Kellett, should inform
him. 81
Respectfully yours,
e. C. PETERS,
Attorney for Mr.. Kellett.
Notice Of Appeal.
The following is the notice Of ap-
peal by which request Is made for a
bearing before the commission on
the McDuffie charges:
Under the provisions of section 2,
rules z, of the Rules and Regulations
of the Honolulu Civil Service Conn
mission, Arthur McDufie hereby
gives notice ofappeaI and does here
by appeal to said Honolulu Civil Ser
vice Commission from the decision
of the sheriff of the City and County
of Honolulu, of the 18th inst, sus-
pending him from the position of
chief Of detectives.
Dated this 9th day of October, A.
d., 1913.
!. ARTHUR McDUFFIE.
- BY E. C. PETERS,