Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-04-16
JEFF M'CARN ANSWERS THIELEN'S
CHARGES, UNFOLDING OWN ACTIONS

fact, and do row. disbelieve. his denial
OF the charges made against him by
his wife.
On the Monday following the in,
terview which | had with Thielen and
DR.. Herbert, Mrs. Thielen again came
to my office and insisted that her
complaint should be fled at once.
Through all Of this time she had been.
and was then, living alone on Pacific
Heights, her husband spending his
nights. as am informed. at the Young
hotel in this city. 1t seemed to me
that ample time had elapsed for these
men-towit-Th ielen and DR.. Herbert,
to have complied with their assurance
to me that immediate steps would be
taken to have determined Mrs. THE
lens mental condition. could not,
nor can l, imagine any situation more
emergent, or which justified labor on
the Sabbath more than that of arriv-
ing at conclusion whereby a friend
less. unprotected and delicate woman
might be cared for and maintained.
II was not a case of an OK in the
ditch hut of a frail woman crying
Ditecusly for help. and meeting with
no response from him whose moral
and legal duty it was To protect her,
nor from him whose professional, le-
gal and official duty should have
moved him to prompt action.
Such publication as has been given
this matter has follGwcd the mali,
cious initiative of Thielen. Not only
has he sought and acCrlfe4 notoriety
through the channels OF the press, but
he has exhibited on the streets and in
other public places, a photographic
, copy of my said recu'ff to Mrs. Tbiel-
, en-, malicious AMI falsely stating mat
the receipt was not In fact, given III.
til March s3rd, but had been written
by me on that date and ante-dat3d rs
| Of March 18th, 1914, in furtheranee of
some sort of scheme to deceive and to
defraud, and threatened to shcw to
certain members of the trial jury in
the case of the United States VS..
Bower, then on trial in the u. S. Dts
trict Court at Honolulu, said recent
and supplement the same with his said
malicious and false statement, with
the avowed intention of prejudiciug
Irsaid jurors against the COVE! ninent IN
said case, and of discrediti:lg me as
its representative
"In conclusion, Sir, desire to ex-
press my appreciation of the opportun-
ity which has been afforded me OF
making this statement, and shall be
-, glad to supplement it with such other
matter within my kr owledge, as may
be required by yoI, t. further cIar-
| ify the situation. | wish it distinctly
understood. however, that my unequi-
vocal position is that l have the legal,
moral and ethical right to accept Sc
curity for fees or any other debt due
me, and that any question as to the
kind of security which | may choose
to accept is one solely for my deter
mination + know of no rule Of the
American Bar Association or of any
other bar association, which would
treat such transaction as dishonor-
able, unprofessional or unethical,
and l wish to say furthermore, and
to say it as earnestly as l can, that
even if Thielen's statements were all
| true, which l emphatically deny,
| have yet to understand that it Is the
duty of an attorney who is prepar-
| ing to bring suit for a plaintiff, to
listen to the appeals from the defend
| ant, or the testimony of his witnesses,
! end it is my opinion that if | had re-
fused to represent this most unfor-
tunate woman, simply on the appeal
and partisan statements of Thielen
and his witness, Dr. Herbert, after
she had been brutality treated and
cruelty neglected, should be stricken
| from the list of those attorneys who
ought to be allowed to practice before
any reputable court"