Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-05-06
JEFF MCARN IS
RELEAHD Under
BOND OF $1,000
Continued from page one)

CONTINUED from page one)
petty offenders had come before.
There was a slight disagreement on
the amount of the bail, Andrews ask
ing the court to fix a substantial bail,
for the sake of precedent at least
He pointed out in Eis request that the
charge was a ser Gus one, and that
lit was the duty OF the court to reeog-
nfze is as such, and not allow the
I defendant to leave court with only a
trivial hail to insure his presence at
trial.
Judge Humphreys spoke briefly in
reply. And tho matter Of bail wal
then settled, the court fixing it a.:
$1,000. Link McCandless was present
and scheduled as boIdsman for the
district attorney. The date for the
hearing was set for May Is. a.
A rumor being circulated about the
4 streets today is that the grand jury
will meet before that time to consider
bringing in an indictment against Nc
earn, In that way taking the case
from the district court to the circuit
Ecourt. Act % of the session laws OF
1913, amending Sec. 1913 of the re-
yised laws, makes the punishment for
such an offense a fine of not more
| than $1,000, or Imprisonment for a
period not in excess of five years.
| The district attorneys statement,
as prepared for the Star-Bulletin and
published today, seeks to deny the al.
legation that he struck Mcbride. Ac.
cording to the statement Of witnesses,
| the two attorneys met on the second
floor Of the federal building. There
were some hot words exchanged. then
McCarn is reported to have uttered a
vile oath at McBrade.
] Mcbride is said to have hurled a
similar epithet back at him: and in
reply to it McCarn struck the attorney
| in the jaw, according to the latter. A
swift, powerful blow to the eye fol-
lowed, Mcbride delivering 1t on Nc
earns eye. And it was then, say wit
lnesses, that the district attorney whip
med a revolver from his rear pocket
Before he could use it, the Hilo lawyer
had closed in on him, assisted by
Others. McCarn was pinned to the
floor. Henry Hussman. part-Ha-
waiian youth, grabbed the weapon.
1.-THE trigger pierced the flesh Of his
thumb.
BY 6 o'clock warrant was issued
for the district attorney He was
found In his office, surrounded by his
legal advisers. Several objections
were raised to prevent the service Of
1.-THE writ; but In the end McCarn sur
rendered himself, later to be released
lon his own recognizance by order Of
Sheriff Jarrett
The affair that led up to the dis
graceful scene in the corridor of the
court building, was one that made
most people think that there would
be a big row some time or another.
For several hours the two attorneys
snapped at one another and, when
ever things got q BIT quiet, Mcbride
had only to mention the name Ash
ford to stir MeCarn up. Ashford's
name was like q red rag to q bun
and on each occasion, there was q
row when Mcbride mentioned the
name.
On one occasion Mccarn jumped to-
his feet and declared: Although
promised the court that / would be
more temperate in my choice Of
words in this court, must say that
the conduct of the opposing counsel
| In this case Is scowarily and infamous.
Counsel says there is Q conspiracy be,
tween Ashford and me. That state
ment is, unfair and appeal to the
court The jury hears counsePs re-;
marks about Ashford and me.
Judge Clemens then took hand and
said that he did not approve Of that
kind of conduct in his court "Mr.
McCarn is not being tried just vel"
was the concluding remark of the.
Judge.
There were many ti1ts between the
lawyers, and the judge was almost at
his wits end how to prevent the fight
getting worse. At one time Mcbride
said that he objected to McCarn tes-l
tifying il not on oath. That started
another row and Judge Clemens look.
ed most uncomfortable.
Another time McCarn insisted on
talking when the judge had inform.
ed him that there was no reason to
do so, as an objection had been sns.
tanned. "Sit down, Mr.. McCarn; for
the present I'll hear no more from
you. McCarn hesitated, and then
the Judge declared that he would
have to do something to prevent the
kind of thing that had been going on
all day. ''This court is no arena for
one counsel to fight another in. Mr.
Mcbride brought up the Ashford mat
ter. am tired of ii. :
One time when Mcbride said that
McCarn was not telling the truth re-
garding the marriage date of Mrs.
Hussman and Sylvester. the people
in court held their breath. .I know
the date of the marriage because Ii
was the best man at the wedding, =
remarked Mcbride.
Mcbride made objection after OBJ
lection to the questions put Mrs. Frei-
tas, the witness on the stand. At
last McCarn jumped to his feet and
said This is like trying to get to
heaven on step ladder To stop me
questioning at this stage ends noe
where" 80. -. y - -. FL. Ill s58