Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-06-12
BOND NOT
Required
Or K'CARN
Continued from page one)

does not come before the court as a
common felon: he comes as the repre-
sentative OF the government"
Judge: This court viii take judi
cial notice of Mr.. McCarn's position
in this community
Magoon: Il say that his court has
no right to demand bari Of M. Nc
earn. The court has nc right to para
lyze his arm by regarding him as a
common felon, requiring him to give
bail. 1t would be an insult ard an
outrage to demand bail f this defend
ant. Bail is only asked COR to assure
the presence of a defendant in court
to stand trial, and &C not believe
there appears any reason 10 think that
Mr. McCarn will attempt to escape
from the Jurisdiction Of this ct'urt.
MIR. McCarn Is not menace to the
community and therefore should be
allowed to go on his Cwn recogui-
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 RICH: 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. g..
Andrews: The situation as see it is
simply this: We want to present this
matter in regular and fair way, fairly
and in justice to all men without any
attempt to special privilege. Now, If
the court please, this is felony, and
II as charged he made an assault with
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 it is no insult
to q man to hold him on bail when he
is charged with a felony. We do not
require an excessive bail, but it seems
to me that 1t would be an attempt to
PREJUDICE the case If he. were allowed
to go without any bail at ALL" r.
Judge: 81 am simply trying to de-
termipe what is right in the matter,
and every courtesy will be extended to
him, and particularly as he is the
United States District Attorney"
After a brief argument Judge Rob
inson said:
The purpose of bail Is to secure
the appearance of the prisoner at a
session of the court. Section 2779
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 I'M
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. Ele says ne believes
the territorial court has exclusive jul
risdiction. Alexander Lindsay, Jr.,
special investigator of the case, says
he has not decided the point definitely
In his own mind. + <