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

THE commission after considera-
ton finds that by its rules and regu-
lations 1t 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 WRIT, at the close of
the John r. Kellett hearing before
the civil service commission late yes
terday afternoon.
If the decision of the civil service
commission 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
sib1y after some suspension, Kellett
will be ,reinstated After hearing e.
e. Peters, the discharged. detectives
attorney. complete his argument in
which he dealt specifically and gener-
ally with the charges brought against
hts client, and after the rebutting ar
gnment Of Deputy Attorney-general
Smith, which also was awarded much
praise, the commissioners filed out of
the senate chamber for few min
utes' deliberation, and returning,
Chairman Writ 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 1870 In
the chamber Of the supervisors, mu-
nicipal building.
Replying to the question on modifi-
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 it
seems to me now, inasmueh as we
have submitted to this hearing. that
the sheriff should not interfere. If
the commission has any power, it has
power to modify. .
Chairman Writ asked: go
Z do you then believe that by COM
ing before the commission all objec-
lions to its Jurisdiction are waived?
II think So replied the deputy at
torney-general
aFhefe has beer no differences be-
tween counsel, remarked Peters, ION
the powers of 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 It promises to
be the only hearing of its kind that
will ever be held before the commits
sion. for Chairman, Writ has already
announced that the rules and regula-
lions will be amended to alter the
procedure to the end that an appeal
may be heard and disposed of within
an hour or two =
II has been many days since an ar
gument, such as the one made by
Peters, has been heard. For two
hours and a half he spoke, his ad-
Dress divided between the morning
and afternoon sessions. With con.
sunimate skill, 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 1t, he took the charges up in
order and one by one they were dis
posed of. In the brutality cases, he
did not merely show his reasons for
discrediting the testimony adduced
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 evi.
denee of the sheriff's witnesses but
would overthrow it. On each charge
he named the witnesses he had ready
to call and gave a synopsis of what
they would testify.
Regarding the ring which Kellett
admitted having worn, he said in
part:
I'VE will show that Mackaye, Nc
Duffie and the boys of the station
had known for long time that kel-
lett was wearing 1t, but in grasping
for straw to get something somehow
against my client, this ring business
is brought up. When | took the case
| told kellett to put it back. You,
Mr.. Chairman, would not wear
trinket left. with you. But the fact
is that this man does not look at il
as you do. But is there anything Grim
inal about that. 1t is absurd"
Again he took up the statement
made by Smith which was that when
ever a case of brutality had been
brought to the attention of the shelf
IF, the guilty officer had been sum
marily 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
tective .Swaden in which it was said