The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1914-04-28
HO[DsNI earn
NOT GUILTY ]
Of WRONG
Attorney General stainbaclS, Aft
er Investigation, Recommends
TO Supreme Court That Charges
Preferred BY George p. Thislsn
Against United States District
Attorney Be Dismissed. /

"In my opinion Mr.. MeCarn did not
act malieiously or in conscious bad
faith, though there is room for a difer.
ence Of opinion as to whether he eSer.
cised the care that a prudent lawyer
should have exercised under the circum.
stances. In view Of all the facts as
ascertained by this Office, cannot
eonseientiously ask this court either 70
suspend or disbar Mr.. McCarn, and ]
therefore recommend that the chafges
be dismissed. "--Attorney General ~.
gram NJ. staipbaek in summing mp his
report on the charges made by George
p. Thielen against United States Dis.
trict Attorney JEFF McCarn, Il
''lf' this be whitewash, stated
George p. Thielen after the report on
mis- charges had been fled yesterday
morning in the supreme court, 81
should hate to use the combination on
my chicken coops, for II is 30 heavily
adulterated with lampblack that fear
IL would never stand the government
stamp. / am strong believer in the
Pure Food and Drug Act"
Attorney General Stainback' report
entirely exonerates Mr.. MeOarn. This
was fully expected and a statement to
this effect was published yesterday
morning in The Advertiser The report
is made 20 the supreme court, in the
matter Of the charges of George p.
Thielen against Honorable Jefr Me-
Garn,i and in full is as follows:
Recommends Open Court Inquiry.
"This Office has, at the request Of
the Supreme Court, made such investi.
cation of the facts relating to the
charges brought before said court in
the above entitled matter as the short
time at our disposal would permit.
An analysis Of the affidavits and
statements, both Of the parties to the
controversy and such witnesses as this
Office has been able to interview, show
purported facts so absolutely DIVERSE
and irreconcilable that this Office az
this time cannot pass upoh the truth
or falsity Of q. large proportion thereof.
In case IL should seem to the court
necessary TO reconcile the conflicting
statements Of fact or to determine
which are true, 1T would seem that
such determination must be In open
court.
Resume Of Charges. i
HThe charges Of Mr.. Thielen against
Mr.. MeCarn are for professional mis-
conduct and, in our opinion, resolve
themselves into determination of the
following issues;
First. The propriety of Mr.. Me-
earn in fling or causing to be fled or
allowing TO be filed, the libel for di-
vorce after the interview with Mr..
Thielen and DIR. Herbert.
Second The acceptance Of a dia.
mond ring as security for the fee Of
$4,000
p ''To take up the second issue first:
''The facts in this connection are
in the main undisputed. Mr., McGarn
received the ring as security from Mrs.
Thieleh before the interview with
Messrs. Thielen and Herbert. The re-
ceipt which accompanies the charges as
Exhibit B sufficiently states the pur.I
pose for which the ring was deposited.
In the opinion Of this Office such a
proceeding is one which mnst be left
to the determination Of the individual
practitioner
Disposal Of Ring in Court.
ga further question, however, still
remains in this connection, to-wit: the
propriety Of retaining this ring as Sc
cnrity for the payment Of the reduced
fee of $500 after the diseontinuanee u
of the case and after Mrs. Thielen hadI
been duly declared an insane personI
and committed as sueh to the asylum.
The merits Of this proceeding can be-
and we understand are about TO be-
tested in another court and hence wei
express no opinion on this point,
!" AS to the first issue;
'fKnowing that this Office would
probably be involved sooner OF later
in the matter of investigating these
charges, representative of the Office
was present at the commitment proceed
ingsg The Witnesses at the hearing
were Doctor Schwallie, the physician at
the asylumj Rev. Doctor Scudder and
Mr.. Thielen. Doctor Herbert was not
called and did not appear. Mr.. Nc,
earn Is Office was notified, but he did
not appear. Mrs. Thielon was duly de,
clared insane at the date of this hear
ing, April 3, 1914, and in tho opinion
Of this Office the evidence addneed at
the hearing showed beyond question
that she had been insane for some time
prior thereto, and II is upon this view
that this report is predicated.
Thialan Ranuaafad Al fins, p.