Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-08-18
|OUICK ACTION
TO Be MOTTO
OF new JURISI
Judge Ashford Issues Warning
to Attorneys That Cases
Must Be Promptly Tried

Dilatory tactics and constant pro-
crastination by attorneys in criminal
cases coming before the First Circuit
court will not be tolerated by the new
Judge of the criminal division, c. w.
Ashford, who this morning In open
court announced his position in en-
phatic terms.
He stated that there are pending at
present some ninety criminal cases, a
number of hoary age which have been
cluttering up the court calendar sew
eral years, and that he desires to take
up the more elderly OF these veneer
able matters first, then following rapid
ly down the list without waste of time
until all have been disposed Of. Rea-
LIKING that counsel In most of the pend
ing trials are not ready at short notice
to have their cases set, he postponed
calling the calendar until next Tues
day morning at 10 O'Clock.
He said that only civil cases in the
other divisions which happen to be in
progress when a case In his own court
is called, or some cases in federal
court, will be given precedence and af-
ford counsers sole excuse for not be-
ing ready for trial on the date fixed in
the calendar. The summer recess ends
Tuesday, September 4, two weeks
hence, and Judge Ashford announced
his determination. to begin business
promptly on that date s,.. -. 50.
Il think it desirable that counsel
should be informed in advance that it
will be the disposition of the court to
press the trial of all cases as vigorous
" as may be done without serious in
convenience to counsel" said the new
judge. -
at strikes me that the convenience
of counsel has been too generously
recognized in the past, and have felt
that that ought to lie very much with
in the domain of the rights of COUNSEL
particularly in civil cases-that they
should dictate practically the time of
the trial of civil cases. But with re-
gard to criminal cases, where the ter
ritory at large is party, different con-
sfderations intervene and 1t Is highly
desirable that speedy trial be accord
ed the defendants; on the one hand as
a matter of justice to them and on the
other hand as insuring a greater de-
gree of justice anu fair ply to the
territory. because we all are aware
that in criminal cases particularly the
longer they are left uhtried the fewer
are the prospects of securing conv1c-
tons. 4
"As general proposltioRN / think
/ may say that the interests OF the
territory demand speedy trials. j be-
lieve it also is proposition which
may be recognized with equal force
that the longer erimiRal case is de-
layed the better are the chances OF the
defendant to escape a conviction.
"Of course this court is not estab-
lished nor is any criminal court es-
tablished, nor should it be regarded as
an agency for obtaining verd1cts OF
conviction where such verdicts are not
deserved. The sole aim and object OF
criminal law should be to see that
those guilty are convicted and pun
ished and that those not proven guilty
should be discharged, and with as 1T
tie delay as may be compatible with
the public interests.
Judge Ashford remarked that when
the calendar is called next Tuesday he
hoped the court would mot be inun-
dated" with excuses for long or indefi'
mite delays. ....- ~. ...