Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-03-10
JUDGE
DENIES CHARGES
OF POLICEMAN
CONTINUED from page oue5

| at IDe last me eJlnS OF the narDOT
board, is woven about the fact that,
when Calvert appeared before Judge
Monsarrat and asked him to sign a
warrant for the arrest of Campbell,
it is alleged that the judge, before fl
nally signing the warrant, upOraided
the special officer and told him that
"the board should not arrest such a
prominent man."
1T was only under the severest
criticism of myself that Judge Mon
sarrat signed the summons" said CAL
vert this morning, He said to me, /
don't want you to bring warrants for
the arrest of this class of men; after
this want you to bring penal sum
mons. He hesitated several moments
before he finally signed the war
rant" .-..e.s - ...s
At the request of the board. Calvert
related the details of the arrest some
time ago of Thomas Dunn, who was
accused with having smoked on one
of the wharves.
Il had cautioned Dunn several
times with regard to his smoking on
the Wharves." related Calvert. For
five or six months after that saw him
smoking on several occasions on the
several wharves. And each time l
passed him he would say, in a sarcas-
tic manner, Don't smoke on the
kwharves.' / never had an opportunity
to arrest him because ! had no Wit
ness. One day, however, there was
large crowd at the Oceanic wharf. and
with it was Dunn, smoking the same
as ever. This time / had witness
and had him arrested. / went to MI.
Cathcart and asked what kind OF a
warrant | should have sworn out
against him.
"a man who violates the law is
criminal Cathcart told me. Serve
out warrant for his arrest
when l presented the warrant Tor
him to sign, Judge Monsarrat was very
Indignant" Calvert continued. He
said that he wouldn't sign it and told
me to get Mr.. Cathcart In front or
the Judge, Cathcart said it would be
all right to serve any kind of war
rant. A penal summons was made
out and Judge Monsarrat signed IT,
The summons was served that even
ing, but the next day Dunn did not
appear 1t passed over until the next
day and then Dunn appeared, saying
that his attorneys could not appear.
The case then went along for three
days. Then Dunn's attorney appeared,
but Dunn was absent The attorney
finally said that Dunn would pay the
fine.
IF remember correctly the whole
thing took five or six days. ] have,
never made statement that it lasted
five or six days" he concluded.
In part, Justice Robertson's commu-
milton to the board is as follows:
you say that Captain Foster stated
that Mr.. Calvert had arrested Mr..
Campbell of Hilo on the wharf this
morning for smoking, and that Judge
Monsarrat had objected to swearing
out warrant for his arrest, stating
that the board should not arrest such
a prominent man, but should take out
a penal summons. Judge Morsarrat
denies this and has shown me the
complaint against Mr. Campbell which
was sworn to by Calvert on February
"a, and the warrant of arrest which
was forthwith issued thereon. A pho
tographic copy of the complaint and
warrant is herewith enclosed Mr..
Campbell was arrested on the same
day, not by Calvert, but by Police
Officer Ayau, and on the following day
appeared in court, pleaded guilty and
was fined.
You say Captain Foster stated that
a penal summons was unsatisfactory
for the reason that it did not compel
a man to appear in court
Captain Fosters ignorance of the
function and effect of a penal sum-
mons may be overlooked. The fact
is that a penal summons was not used
in the case OF Mr.. Campbell, but that
he was arrested on a warrant This
is not to be taken as an intimation
that it would not have been proper to
have used penal summons The dis
trict magistrate would have been well
within the authority given him by
statute If he had issued a summons
for Mr.. Campbell instead of a warrant.
''The chief justice has the appoint
ing of the district magistrates but he
has no general supervisory power over
them, though, at your request, I have
made inquiry into the matters referred
to-" says the chief Justice in conclu-
sion. Il find that Judge Monsarrat's
action in thes premises have been
above criticism"
AS the result of the testimony in
hand, the harbor board voted to at
once start campaign against smok-
ing on the wharves Officer Calvert
is to be instructed to secure a wit
ness and, when the steamers come in,
to be at the wharves and arrest all
persons found violating the rules. AS
stated by one of the commissioners.
this rule against smoking no longer
should be made farce and ey-
cry effort should be made to suppress
smoking on the wharyes.