The Hawaiian gazette., 1913-08-12
QUICK JUSTICE
FOR CHALMERS
Man Who Drove Automobile
That Killed Five Year Old Child
Placed Under Arrest; Nolle
Prosequi Immediately Entered
License Commission Apologies
10 Chalmers.

for manslauphier; a document in his
defense produced IN court by the prose.
cutting officer, a nolle prosequi entered
A. N. Brown WAS close to being In
ten minutes after be was arrested; a
charge against Attorney William She-
don suspeiously7 like felony and an
announcement by Judge Aonsarrat that
contempt of court formed the rapid
succession Of events yesterday arising
out of the killing on August of five.
year old Kaonohiokala Antoine by Chal.
mers antO.
A: the end of the day Chalmers was
still "A free man, but reported 10 be
under investigation by the grand jury;
a suppositioDal case previously exist.
ing. Every influence possible under the
circumstances is being used by his
friends to continue his liberty. ANY
further action rests with the city at
t0rney's department.
Brown accuses Sheldon Of approach.
ing both him and Attorney PrOsser,
Chalmers representative. aud Offering
10 withdraw the possibility of prose
cution as far as he was concerned for
cash remuneration. Judge Monsarrat.
on examination of Brown : statement,
Eeld that it contains innuendos ad.
dressed TO the court and refused to
permit IL to be entered on the record
Browns rather unusual statement
was typewriter. as he did not care to
trust II to the clerk TO take down, and
was az follows:
Browns Statement.
"Tbis ease, as the court well knows.
is the outcome of an unfortunate acci
dent which occurred at Palama on the
second of August Of this year, wherein
young child Of about five years of
age met her death. Within few min.
utes, possibly half an hour. after the
accident, Chalmers, this defendant. who
was driving the automobile which
knocked the girl down, came to the
police station TO report the matter.
His statement of the affair was an.
pareDtly accepted by Captain Baker al
the police station as correct. No charge
was preferred against Chalmers. He
was not even booked for investigation
which shows how the police regarded
the AFFAIR
The eoroner's jury then investi,
gated the matter most carefully and
thoroughly and called every available
witness to testify.
The verdict of the jury was tn,
only one that could possibly have been
drought under the evidence. II i true
the jury neither blamed nor exonerater
chalmers. But as the jury made nc
bnding against Chalmers, it in effect
rxoberated him.
/" was present at the coroner's in
quest, representing the county attor
ney once, and heard all of the evi
dchre t3r and against Chalmers. and
AT the 'ronclusion Of the inquest could
see no evidence upon which to base
criminal prosecution, and 30 informed
deputy Sheriff Rose, who stated to m,
mat ne too was of the opinion that
10 cbarge could lie sustained against
Chalmers.
"This warrant, understand. has
been sworn TO by one of the relatives
ihc uncle. J believe Of the decease
"hild, which relative, ! also understand
now being represented by Mr.. Shell
don.
as Mr.. Sheldon has shown desire
to he quoted in the press in this matter
M appeared in Yesterdays Advertiser.
] would like to say that Mr.. Sheldon
''f''f hl''H MIMI Nuf county attorney
office last Friday in REGARD 10 this case
stating that he represented the rela-
fIves Of the deceased, who wanted
money damages from Chalmers. That
he, sheldon, had proposed a settlement
on some cash basis with Mr.. Prosser
Chalmers attorney, which proposition
irosser had most promptly rejected.
Mr.. Sheldon then stated that he was
puFpI N haua lhty
warrant charging Chalmers with the
crime of manslaughter. and that he
Sheldon. would prosecute the ease and
if possible, get Chalmers bound over to
the grand jury. That by so doing .
compromise might be effected between
Chalmers and the relatives of the de.
ceased. Sheldon aIho stated TO me AT
the time that he did not believe Chal.
mers could he convicted upon a Grim.
inal charge, but that il was only right
hat he should come through with dam.
ages.
81 informed Mr.. Sheldon that pri
vate counsel would not be allowed TO
prosecute under such circumstances. aud
that, in my opinion, there was abso
lutely no evidence upon which TO base
charge Of manslnuehter, and that con
sequently there would be no criminal
prosecution, unless the ptaod .j,rN TOOK
tbe matter M and found an indictment
against Chalmers.
''Your Honor was Informed Of these
facts and Of our opinion Of tho evil
dence You were informed Of the atti
tude Of the prosecution authorities ~
view of all Of these facts, and you were
requested not 20 issue q warrant upon
application Of Sheldon or his client
However, Your Honor has considered
that yon ARE Obliged 10 issue a warrant
whenever requested so 20 do, and YOU
have issuod one IN this ease II now
becomes our duty, in order that erin
inal process thali NOT be gsed 10 force
MONETARY settlement. and in view OF
the evidence adduesd before the cofo
ner's Jury IN enter y nOlle prosegui
We therefore cutter 4 n0le prosoGli iu
the case Of the Territory Va. Chalmers
A. the ease has attracted much
Public attention, We desire ~ say that
he whole matter will be- laid lef0Te
The grand Jury fer whatever acti0n IL
chooses 70 iake ia tho premises
Judge hesents Inusnd0
Brown ia ihe statement took tho At