Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-06-30
DOYLE CASES TO
BE DROPPED BY
J.. 5. ATTORNEY
Jeff McCarn Gives Reasons for.
Nolie Pressing Charges
Against Man and Wife

When Joseph A. Doyle and Maude3
Schurmann Doyle are called into the
federal court, probably Friday morn.
ing, to answer to statutory charges
preferred against them by the United
States, Jeff McCarn, United States
district attorney, will enter nolle
prosequi proceedings and request that
the cases against the couple be
thrown out OF court il the defendant.
Joseph Doyle, viii agree to pay the
costs, which now amount to about
$3.50. Mr. McCarn made this state
ment this morning. saying that salts
factory arrangements have been
made in the matter between himself
and Doyle's attorney.
Commenting on the case Mr., Nc
earn said:
Referring to the cases of United.
States vs.. Joseph A Doyle and his
wife, | would say that some weeks
ago we received information that one
of the most material witnesses. who
resides in California, would not be
able to come to Honolulu for several
months. Soon after that we received
information that Mrs. Ferguson, am
other one of the witnesses, was i'll at
Seattle, and it seemed that q trial on
the merits Of the case would be diff
cult. In addition to this, the fact ex-
lists that Doyle and his present wife
were married about the time these
indictments were returned. and have
been living together, so far as know,
as husband and wife ever since that
time Where a marriage Ms consum-
mated in good faith, and particularly
where the parties i've together for
quite while apparently IN good
faith, It is not to be desired that such.
cases should be prosecuted, thus dis
turbing the relations of husband and
wife and directing again the atten-.
ton of the public to disgracefuI and
disgusting facts.
+ do not mean to say, however,
that in all cases a marriage should
prevent prosecution II / had thought
so these cases would have been
dropped several months ago, but
where the relations exist for suf1i-
Gent time to leave the impression on
the district attorney and on the pub
lie that the marriage was in good
faith, it is possible to bring about
more harm by the prosecution than
by allowing the parties to remain to-
gether undisturbed
Considering all these facts. / indi-
Gated to counsel for defendants some
time ago that might nolle prosequit
the cases after some months. but
about this time, to my surprise, the
marshal received cable from the
marshal at San Francisco that three
Witnesses were on their way to Homo
lulu, and feeling as 4 did that the gov
eminent should be protected from
loss in this matter, consented that
If all costs were paid by the defend
ant, would agree at this time to
Iolle the cases. The costs in the
cases being. as / understand, between
$500 and $500 / felt that this was
pretty severe punishment, and that
the ends of justice might be met by
nolling the cases at this time in
stead of waiting furthef to see what
might develop in the conduct of Doyle
and his wife. I hope they may live
happily together and that this affair
may be valuable lesson to them
both. / am always glad to find some
good legitimate reason for refrafning
from prosecution and in this case T.
feel that the conduct of the defend.
ants since the Indictment, and the.
fact that they are pretty severely pun
ished any way by the paying Of costs,
justified my course
1T is my opinion that this meets
the approval of the presiding Judge
Mr. Mccarn had no statement to
make regarding any action which
may be taken in the Bert Bower case.