The Hawaiian gazette., 1914-07-03
MGARN'S PDlDT
IS THROWN OUT
Judge Clemens Refuses TO Quash
Grand Jury Indictment Fed
eral Attorney Must Plead.
tFrom Thursaay Adxertiser.

(From Thursday Advertiser.)
'tGeneralo JeH McCarn, United
States district attorney, will soon hHss'
to plead to the charge .Ofaawault with
q dangerous weapon, ON the .indlntmeut
found against him recently by the fed.
eral grand jury, unless some further
dilatory tactics are employed, to delay
the plea. Judge Charles a. Clenlons
Yesterday deHied the motion 20 pgash
the Indictment, Exceptions 70 the
court = ruling wero taken. ~
Incidentally, Mr.. McCarp has alrondy
pleaded not guilty in the hrst CIRCUIT
court TO the charge Of assault with a
deadly weapon, on the Indictment
found against him by the territorial
grand Jury some weeks ngp. y, y.
IL y fnlly expected that MeCarn viii
he called upon TO pload in the federal
eonrt OF ten clock this nnorniHg, TO
which thne his case was yesterday con,
tinued, after Judge ciemons ruled
against the motion TO quash, The case
WAS continued '"for further dispoHi-
tion, y hut the belief Is that the plea
will be made lhis morning.
With Attorney VS.. Edings enhct-
I ing the role OF the silent lawyer
ana attorneys Clarence w. Ashford
and A. s. Humphreys absent again
further argument on the motion 70
duash was taken up by Attofneys
lLightfoot ana Magoon yesterday morn
| ing nj ten 0 clock before Judge lOharles
| r. Clemens, Judge Sanford ,. Dole, ec-
cupying the bench, beside Judge Glenn
ons, during a portion Of Che hearing
but tnking no active part IN the pro
ceedings. e,ya
Lindsay Replies Briefly.
Alexander Lindsay, 1r., special az
sistant TO the attorney general of thl
United States at the opening or couTi
replied briefly TO the argument. niSd'
/ by McCarn's attorneys on the motioI
to qnash. lie eontended. that ther,
was no merit in the points raissd. Hl
said that there was no question bu
that the conrt had acted in good faith
that so long as good men had been, Sc
lected as grand Jurors, who were eta
zens and Of good repute in the com
munity. whatever small irreglparidg
that might possibly have crept IN couli
in no wise make the grand jury, az 1
body, Illegal. s,'s,5 IA
Lindsay gave Magoon q mild rOas
on the latteris characterization q
Juror r. william Warhan ps en- con
fessed criminal and stated that thl
aspersion was not called for, Nh
Warham had not been charged witt
any offense. Had he been charges
with any offense he would be consider
ed innocent until proven guilty, san
Judge Lindsay. X. II, x. w
Magoon, taking the hoor for The mo
ton brought in iaguin Warhain,s name
but was told by Judge Clemcns TO .ge
down to business In fact Judg'
Clemens on several Occasions eautionct
Magoon. To both NIagoons an,
Iightfoot Is reiterated arguments Judg'
Clcmons often said: l-,}.li>.
| warham Defends Character
az do not wish 10 hearsapy more Oi
that point, and, "that win do. !
| Judge Clemnns at one point in tn
proceedings referred to the insiuIrationI
EAST that he was preiudiced in the case
McCarn, Magoon and Lightfoot hasten
ed to arise and assured the ,eonrt tina
such was not the case; that II Was Ger
tainly farthest FROM their minds to in
fer anything Of the Kind 4, s,
The atten lance at the session wa
rather slim, but few, outside Of thos'
directly interested in the case, beiRl
present. One of the few was Juror X
W. Warham, whom counsel for the de
Tense on Tuesday claimed WINS "a con
fessed criminal. p He occupied a sea-
within the railing ami took spiRcien'
interest in the proceedings to borrow
the copy of the motion 10 quash from
Chief Clerk Augustus +. Murphy. IL
perused the motion with a flicker OF |
smile. After reading the motion War
ham returned the document 70 Thu
clerk 8 desk. .ls nm. 4. uF..,.
81 have lived many years IN thn
community, 2 said Mr.. Warham ysster
day, when asked if he had anything Y
say on the serious dispersion cast O.
his character, sand my life is IN opel
book Can some other people say p
much as to theirsf''
How, when and where, 1T cannot b,
stated, but somehow or other 1t ha
been currently reported that Jufo
Warham was one Of the nine VIII,
voted emo ibill' at the close of tn,
MeCarn investigation, which resulte'
in the district attorney being indicted
on a charge Of assault with a dangerpu
weapon on attorney olapdius Harle.
Mcbride. y" g..
your county iaiI. Many another ma