The Hawaiian gazette., 1914-01-13
WHY KEALOHA.
! SUITS WERE
DISMISSED
Judge wise in Disnissing Five
Civil Actions Brought Against
Hilo Supervisor Says Fault Lies
with Those VINO Filed the Pro-
Ceedings and Not with Deputy
County Attorney Heen.

Vi,tEat fyfesd gaa
(Mail Special to The Advertiser.)
HIBo, January lO&T'he hon-appear-
ance Of Prosecutor Breekohs or Of as.
sistance from him led last Thursday to
the DISMISSED Of the five civil suits
brought by Breckons for the county
against Supervisor John Kealoha for
the recovery of various sums which the
county was alleged to have lost through
Kealoha. kcgg W
While Deputy County Attorney Heen
appeared for the prosecution, he was
unaile to go TO trial, as Breckons had
sent him neither papers nor data, and
the only word lie got was a request
from the attorney general that he nave
the eases continued again. But the
court had TO be reekoned with, and
Judge Wise not only refused TO allow
any moro continuances, but expressed
IN yeryscaustic language his opinion of
the way in which the matter had been
leondueted by the prosecutor.
The Kealoha cases were called on
Wednesday morning, when Heen made
biz first request for a continuance.
Claudins was courtesy personifcd.
CAS- Mr. Heen is now appearing in
the place of our friend, the late la
mented Mr.. Breckons, we are willing
that the eases be continued until to-
morrow, y he. said. This was done.
/ When the eases were called the fol-
lowing morning, Mcbride moved that
the whole bunch be dismissed on ac-
count of want of prosecution. 4
L L.. a e. :.
He stated that he had not had time to
prepare since the attorney general had
asked him to take charge of the cases
a few DAYS ago.
\ "These eases have already been con
ltinued time and time again" said Nc
Bride. 1--WE have allowed this many
times now, and have shown every court
esy, but this is getting too much."y
| Is there any information which you
need from Mr., Breckonsf'' asked the
court g ,.-sr# a
Eyes" answered Heen. CHE has all
the papers and also important memo
randa and data concerning them
"It seems to me that these people
should understand, when they asked
you to handle the cases, that you would
need that information. / don't see
why the defendant should be prejudieed
by such actions. = xxx
i Well, il the cases are dismissed tho
blame SHOULD be placed on them said
\ lieen. 1--WE cannot be held respon-
sible, certainly"
1'No, that is true,' admitted Nc
Bride. ''These cases were started six
weeks ago, and i can say without fear
or contradiction, now or later on, that
there is no good faith in these cases.
As matter of fact, Breckons told me
himself that be brought those cases
only for the purpose of furnishing a
basis for the mandamus cases. If the
attorney general wanted Heen to prose
cute; he should have given him the
papers. Heen is not TO blame; he is
the legatee OF a lot of bum cases.
"A continuance of half an hour was
allowed IN order that Heen might as
certain whether that mornings mail
had brought the much needed data from
Honolulu, II brought letter from the
attorney general, but there was no ap.
pearance OF the papers. Thayer. told
fteen TO have the eases continued. ,,
/ suppose that we will have to do
~ II we are so ordered by the att0r.
ney general,R sneered Mcbride. 81.
il ~ HONb hot a continuance, - Salu
Heen. can't do anything else un.
der the circumstances. - .--.J-.5 X "a =
| "We object to any more contiuu.
anees,o declared Mcbride eve have
allowed these cases to be continued
for many weeks, and we have taken
no opportunity of the occasions when
there was no one in court at all 10
represent the prosecution, and when
we might well have moved for the dis.
missal of the cases. II 3 about time
these eases were dismissed, p
"The court takes the same view, -
said Judge Wise. 81 think that the
people who brought lawsuits in the be.
ginning of December and had people
employ counsel and appear in court
time after time are at fault. Mr.. Me-
Bride has certainly shown the prose
cutlon every courtesy. | can see very
i well how under these circumstances Mr..
Heen cannot prepare 10 handle the
eases, The fault lies with the people
who brought them in the first place,
and the cases are dismissed. -