Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-08-12
Sheldon WOULD
TAKE CASE TO
THE GRAND JURY
Attorney General Refuses to
Take Hand in Chalmers,
Case at Present
JUDGE OBJECTS TO THE
STATEMENT OF BROWN
lnquisit0rs Will Meet Thursday
And It Is Believed This Mat
ter VIII Be Called


/ Expressing a fear that the city and
county attorneys Office would not pre-,
sent the Chalmers case to the terri.
torial grand jury, or that If 1t did II
would not be presented impartially,
Attorney William J. Sheldon appeal.
ed to Attorney General w. w. Thay.
er this morning, asking that he as
sert the prerogatiye of his superior
position and assume personal charge
of the case.
When the attorney general declined
to do this, Attorney Sheldon asked
that he be appointed special deputy
to handle the AFFAIR, but this request
also was denied.
Il understand" said Thayer, chat
Deputy City and County Attorney A.
M. Brown has said he intends pre-
senting the matter to the grand jury.
For me to take the case into my own
hands in the face OF that statement
would be to virtually make a charge
against Brown of malfeasanee of Of
fee, and | have no evidence at hand
to support any such charge.
''If the case is not presented to
the grand Jury, then perhaps / would
be within my rights In taking up an
investigation Of the entire affair, de-
termining officially whether there Is
sufficient grounds to warrant its pre-
sentation to the grand jury, and TAX
ing such steps as would appear ad-
yisable.
'But 1t seems to me that to inter-
fere in the present situation would be
folly I believe it will be presented
to the grand jury by Mr.. Brown or Mr..
Cathcart."
Replies to City Attorney
William J. Sheldon, the attorney
representing the family Of little Eliza
beth Antoine. who was killed by
the automobile driven by Chalmers,
made the following statement this
morning in reply to the statement
made by A. NJ. Brown, deputy city
and county attorney, when the war
rant for the arrest of Chalmers was
signed by Judge Monsarrat yester-.
day:
Last Friday called on City and
County Attorney Cathcart and asked
him what his Office proposed to do to-
ward the prosecution of Chalmers. He
replied that / had better see Mr..
Brown as the latter had the case in
hand. then called on Mr.. Brown and
put the question to him of whether or
not it was planned to prosecute
Chalmers. He informed me that be
fore he could answer the question he
would have to see Mr.. Cathcart, who,
| knew, had been in conference with
Attorney Prosser.
"Mr, Brown told me to return at
o'clock and he would be in a position
to state whether charges against the
man would be prosecuted by his Office.
At o'clock / returned, but Brown
was not in his Office and did not see
him until Saturday when we met in
court. l asked him then what deci-
sion had been reached; and he in
formed me that it had been agreed not
to prosecute Chalmers, the evidence
being regarded as insufficient to sus-
tain any criminal charge.
81 told Brown that had other evil
1enee against Chalmers, which, added
to what he had, was amply sufficient
TO sustain a manslaughter charge. |
told him could produce witnesses to
testify that before Chalmers had his
accident he had stopped at a little
store, and there, in the presence of
several persons, remarked of his own
drunken condition and the risk he
Continued on page five1