Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-06-12
BOND NOT =. .
REQUIRED
Of KCARN
Continued from page one)

does not come before the court as a
common felon: he comes as the repre-
sentative OF the goTerLnent."
Judge: This court Hill take judi
eial notice of MIR. McCarn's position
in. this community ..~.
MagOon: Il say that this court has
no right to demand hail OF NJ. Nc
earn. The court has nc right to para
lyze his arm by regarding him as a
common feIon, requiring him to give
bail. II would be an insult and an
outrage to demand bail # this defend
ant Bail is only asked FOR to az sure
the presence of a defendant in court
to stand trial, and ! &C not believe
there appears any reason to think that
Mr.. McCarn will attempt to escape
from the Jurisdiction Of this court.
Mr.. McCarn is not menace to the
community and therefore should be
allowed to go on his Cwn recogni-
zance. l insist upon that, that Your
Honor must recognize him in his Of
fetal position and take judicial notice
of an investigation that is now under
way. And right here and right now
Your Honor must take judicial notice
of the Office he holds and exercise
your discretion in this matter OF bail
regarding this defendant. not as Mr.
McCarn the individual, but as MI. Nc
earn. the United States prosecuting
attorney of this territory appointed to
that office by the president"
At this juncture in the argument
Mr.. Andrews interviewed asking per-
mission to speak and commenting on
the "intemperate speech" OF Mr.. Ma
COON. - .-y...,s.
Andrews: "The situation as see it is
simply this: We want to present this
matter in a regular and fair way, fairly
and in justice to all men without any
attempt to special privilege. Now, If
the court please, this is q felony, and
IL as charged he made an assault with
q weapon, he should. be treated with
the same consideration as other per.
sons who face similar charges. We
are doing nothing but asking for legi-
innate bail which Is surely given in
cases of this kind and 1t is no Insult
to a man to hold him on bail when he
is charged with felony. We do not
require an excessive bail, but 1t seems
to me. that it would be an attempt to
PREJUDICE the case IT, he were allowed
to go without any bail at al" II
Judge. Il am simply trying to de-
termine what is right in the matter,
and every courtesy viii be extended to
him, and particularly as he is the
United States District Attorney" "
After q brief argument Judge Rob
inson said: .",'.' s.+.-a> IT.
"The purpose Of bail is to secure
the appearance of the prisoner at a
session of the court. Section 2719
provides that the amount Of the bail
rests with the discretion Of the court,
etc. The court therefore exercises this
discretion and will allow the defend
ant to 60 on his own recognizance.
Jurisdiction Question Raised, ..,>
A legal point which seems to be IN
settled arises with the question of
Jurisdiction in this case, whether the
federal and territorial courts have
concurrent Jurisdiction. Attorneys
questioned this morning had different
views For instance, Judge Edings
states it is his understanding of the
law that the federal court could as
sumo jurisdiction If it Wished to, and
in that way take the case out Of the
territorial court. Mr.. Brown was of
a different mind. Tle says ne believes
the territorial court has exclusive ju-
risdiction. Alexander Lindsay, Jr.,
special investigator of the case, says
he has not decided the point definitely
In his own mind. =;