The Hawaiian gazette., 1916-04-07
Federal Judge Clemens, As Pre-
NousB Outlined In This Paper
DisqlaIifies Himself
MANY ATTORNEYS LINE
\ up FOR THE DEFENDANT
Former Court Clerks Bond Is
Fixed At $780, To Be Fur
nished BY Saturday -

| Holding himself disqualified to try
the cause and giving his reasons az
outlined in The Advertiser Yesterday
morning, Judge Clemens Yesterday, coi,.
tinued indefinitely the further disposi
| tion Of the case Of the United States
\ against Foster l.. Davis, Former clerk
of the court.
Davis was in court and the iudtct,
nent, containing nine counts, was. read
The, defendants plea was reserved
Davis; who had been out on his own re.
eognizance, was required to furnish q
$500 bond and given until tomorrow
in which to flo II,
Il A conditional approval was given
by the court Yesterday to Davis az.
counts, he making an assignment Il, the
presiding Judge in tavGy u his deputies.
A formidable array Of legal talent
win defend DAVIS Of the charge If IL.
regularities in the conduct Of. his Of,
fee while he was deputy clerk, So far
the following attorneys have had their
names entered rs Of counsel for tn d..
Tense: Robert w, Breckons, Howard
J.. Grace, Emil G.. Peters, Alexander d.
Larnach, Charles 8. DAVIS aad Leon
NJ; Strarls, Judge Charles F. Parsons
of Hiio, who will 90 into partnership
with Mr., Bseckops as som as he is sue.
ceeded on the Hilo circuit bench Ly
Judge Clement K. Quinn, will also be
aligned in the defense of DAVIS.
Delay In. Trial Expected
With the, slisqaali fcation Of the pre-.
siding judge aud thm. 1T ju,tg, Van.
CHAN, whonis still acting Is United
Stntes district attorney, there Is NO
riurist in the Territory qualificJ 10 try
The DE- VS. ease. a cert'frd copy Of
Judge Clemens disqualification WIS
| PREPARED yeste'day, and viii be sent ia
the department Of iustire, which will
probably request the 1'rrsi ling Judge OF
the ninth circuit eohrt of appeals with
headquarters in SAP Francisco. Is, de-
tail ohetof the, pdgss Of his. circuit to
come to HonoBili 10 its the Case
SHOULD the ninth sisccit CONT ~ ap
| peals be too busy it is expected that
one of the two local federal judges viii
be asked to exchange tor the time being
with the California 'udg9 designated tC
try Davis,
! Judge Clemens memorandum uf dis
qualification is as follows:
Grounds OF disqualification
~ hereby canse the fact of my dis
! qualification in this ease to he entered
on the records Of the court, the ground,
of such disqualification being as fol
lows, to,wit: ~ That / am or may b.
material witness for one or both Of
the PARTIES. 90 that J am and was SC
connected with the party defendant
that it would be improper In my opin
ion to sit on the trial Of this case, by
reason .(a) of the confiiential relation
between, us in our respective otticia
capacities as officers of this, court, an
(b) by reason of my having gone owe,
in detail with the defendant and with
the special examiner of the, department
of justice, Mr.. Henry Mcdonnell, thu
matters and things, books, and accounts
which it is presumed were laid before
the grand jury on the basis of this in
dintment apd may be laid before thu
trial jury in the trial Of the charges
made in said Indictment rs "a. ~.