Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-08-12
Sheldon WOULD
TAKE CASE TO
GRAND JURY
CONTINUED from page one)

Il
ran of taking his family out while in
such a condition.
| Surprised at Action.
But Brown would not listen to me.
| He said it had been decided not to
prosecute; that the evidence was not
sufficient, and that he proposed TO
nolle PROSE- the case. / then inform
ed him that proposed to have one
of the relatives sign warrant for the
arrest Of Chalmers. pointed out that
was the attorney for the family.
! that they we're insisting that action be
taken and that in my mind the evil
dence was sufficient to warrant the ar
rest Of Chalmers. He told me could
go ahead and have the warrant issued,
but that he would ask that 1t be nolle
pressed. went to Judge Monsarrat
and put my case before him, and he
finally stated that he believed 1t his
duty to sign warrant
1T was agreed. that should pre-
sent my affidavit for the warrant to
him Monday morning. was not able
to have it ready when court opened,
but later in the day presented 1t, IL
was duly signed, and the arrest of
Chalmers followed, But to my sur
prise, while was absent from court
and at my Office, and without any no
| tice given me or opportunity to be
heard, Brown brought the case before
the court-at time when civil mat
tiers are regularly heard-asked that
it be noile pressed, and made state
ment derogatory to my character in
open court and in my absence.
1.-The principal thing he said
against me was that Eas attempt
! ing to use the prosecution officer for
a collection agent That is untrue.
He said that wished to have the
warrant issued so that / would be in
a better position to force a monetary
settlement. That Is likewise untrue.
He, as an attorney, knows that
when a warrant is issued, the CON-
! planning witness cannot dismiss a
case or settle it. He knows that on
the issuance of warrant 1t is the
case of the territory. / could not
have settled 1t If ! had wanted to.
1t is absurd for him to say that
wanted Chalmers arrested in order
that l might later get money settle
ment out of him.
Civil and Crimina. Cases.
Il did say that the family was poor.
did say that they might be willing
to settle their-not the territory's-
side of the case amicably. There are
two distinct rights issuing from the
accident-the civil and criminal To
the family belongs the civil and to
the territory belongs the criminal.
My statements were plain that 1t
was the civil side of the case that
the family was willing to settle out
of court
81 cons.ier that Mr.. Brown in max
|iing the statement he did, is guilty
of gross breach of ethics. Even If
he had quoted me correctly, would
say this. What was said at the time
could not etnically be repeated in
open court without the consent, of the
other.
81 have seen the attorney general
this morning and made an effort to
get special prosecution commission.
There are two statutes on our books
which come to my mind now-one re-
lates to the mis-feasance of an officer
and the other to non-feasance. Und-
.er either of those believe have
a right to proceed to force the city
and county attorneys Office to act.
THE attorney-general has told me
that the Chalmers case is going to
the territorial grand jury and am
confident of the result if it does" said
Attorney Sheldon this morning, after
his conference with Acknowledgement
Thayer.
Judge Monsarrafs Statement.
Judge Monsarrat, as stated in the
Star-Bulletin yesterday, refused to al
low the statement as drawn up by
Attorney Brown to become portion
of the court records, making the fol-
lowing explanation: -. -.~..
The complaint in this case was pre-
pared and presented to the court by
a reputable practitioner at its bar, and
thereupon warrant was issued for
the arrest of the defendant.
THE court felt then, and it does
not see any reason for changing its
view, that it was the duty of the court
to issue the warrant.
1.-The prosecuting attorney is entire
ly within his rights in entering or ask
ing the court to enter nolle prosequ
when the circumstances are such that
he feels a defendant should not be
prosecuted. . ID.
Feeling that this case should not
be prosecuted because of the insuffici-
ency of the evidence. the prosecuting
officer has requested that nolle pro-
hof haS