The Hawaiian gazette., 1915-02-26
ROSE is CITED FOR.
CONTEMPT:
To SUPREME COURT.
Chief Justice Robertson Issues
II Writ Of Prohibition Against
1! Circuit Judge Ashford
~ .rEraH - ~ Er.r y 70
SHERIFF HAD, IGNORED ; y
ORDER ISSUED BY COURT
Return Of Arrest Does Not Tally
: With Prisoners Testimony
Trouble Follows .1 B.
(From Thnrsday. Aaveftiser. J

"a. From Thursday Adveftiser.) 2 .
Sheriff Charles Rose has been cited
to appear before Greet Judge G. w.
Ashford at nine O'Clock this morning
and show cause why he should not be
punished for contempt of court. But
Sheriff Rose is not going to appear If
he can help it. As an evidence Of
this be applied to the Supreme Court
Of the Territory at eight o'clock last
{ night for a writ Of prohibition order.
ing Judge Ashford not to interfere
with Sheriff Rose. The writ Of prohi.
bition was issued shortly after eight
T. o'clock last evening by Chief Justice
A. @. NJ. Robertson Of the supreme
court. The writ is temporary and is
made returnable before the supreme
court at ten clock next Monday
morning. AT that time Judge Ashford
will be required to show cause why
the order should not be made perman-
ent. Lorrin Andrews appeared for
Rose before, the supreme court last
night. In his petition for the writ of
prohibition Rose maintains that no
contempt of court has been committed.
Justice Robertson's Order '.. j. trA
The petition and order of the chief
justice cover dozen or more type.
written pages. After reeiting the ale
cations contained in the petition
Judge Robertson concludes the court
order as follows:
awe, therefore, do command you,
the said Clarence w. Ashford, First
Judge of the Circuit Court of the First
Circuit, Territory of Hawaii, that you
desist from. further enforcing, or at.
tempting to enforce, the said order to
show cause so issued by you on this
gath day of February, A. d. 1915;
from proceeding to any hearing Of
said order TO show cause; from pro.
cecding to, any adjudication of petit
toner Us ,and for contempt of court;
and from. proceeding to punish, or at
tempting to punish the said Charles IL.
Rose, Sheriff of the City and County
Of Honolulp, Territory of Hawaii, peti
tioner herein, as and for any contempt
of courtjif Effll%SeF, .,.,S, -. ..
& "And that you, the said Clarence
W. Ashford FiSst, Judge of, the Cir,
cult Court of the First Circuit; Terri
tory of Hawaii, show cause on the lst
day of March, "A. d. 1915, at the hour
of 10 o 'elock, a. m, of said day, or as
soon thereafter as counsel can be
heard, before the Supreme Court of
the Territory of Hawaii, at the court
house in Honolulu, City and County of
Honolulu, Territory of Hawaii, why you
should not be absolutely restrained
from further enforcing, or attempting
to enforce, the said order to show
cause 50 issued by you on this oath
day Of February, A. d. 1915; from
proceeding to any hearing of said
order to show cause; from preceding
to any adjudication of petitioner as
and for contempt of court; and from
proceeding to punish, or attempting to
punish the said Chares II. Rose, Sheriff
of the City and County Of Honolulu,
Territory of Hawaii, petitioner herein,
as and for any contempt of court.
dated at Honolulu, r. H., on this
oath day of February, A. d. 1915.
(Signed) "a. G. NJ. ROBERTSON,
"Chief Justice of the Supreme Court,
Territory of Hawaii" "
Rose Fails to Appear
The effect of this order will be that
the merits of the grounds upon which
Judge Ashford issued his citation must
first be DECIDED by the supreme court
The citation which is now questioned
by Rose was issued shortly before two
O'Clock yesterday afternoon by Judge
Ashford in the circuit court, when Rose,
who had been summoned to appear and
explain the discrepancy between the
date he certified to- having placed
Henry b. Lewis under arrest and tho
time Lewis yesterday testified he was
arrested. Lewis was recently indicted
on "a charge Of robbery in connection
with the opium badger" game in
which Jack Scully also is indicted.
In court yesterday morning Lewis
testified that he was not arrested I'M
til Monday of this week, while Sheriff
Rose in his returns in the case stated
that he had placed Lewis under arrest
last Sunday '".
r.. 1t was to explain this that Judge
Ashford issued an order I. summoning
Rose into court at one-thirty O'Clock
yesterday Afternoon. Claudius IL. Nc
Bryde,. Of counsel for Lewis, was In
court. City Attorney Cathcart was also
present when court reconvened at one
thirty O'Clock, the time set for Rose to
appear. But the sheriff was absent, and
so far as known was not represented by
counsel. II is reported, however, that
it was upon advice of attorneys that he
ignored the court order.
Ashford Issues Citation
Judge Ashford then ordered the eta
tion to issue, directing that 1t be served
at once by High Sheriff jarrett or his
deputy. The order was soon afterward
turned over to High Deputy Sheriff Pat
Gleason. The latter served the order
upon Sh""iT Rose late Yesterday after
noon. What course Sheriff Rose will
FOLLOW as TO G5eyiagy the order will dc.
Neldp at clock this morning.
Lewis was in court yesterday morning
10 ask for reduction in his bail from
$500 to $4,000. In motion of City At.
tornoy Cathcart tbs plea for reduction
10 the bond was granted. Before grant
my the motion Judge Ashford placed
Lewis on the stand and in the intorro
Vations that followed the strange dis
discrepancy III dates was brought out.