Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-05-29
FL. DAVISFREED
DNDERRlaKGBY
MAINLAND JUDGE

fContinueo from page oneJ
tanned and the indictment containing
nine counts was quashed.
Judge Morrow stated that in his
opinion the indictment did not set
forth an offense against the United
States. -. .........-s -. a..
IL have only this to say, the decision
rendered by Judge Morrow this morn.
sng. is what | have anticipated for
some months. In fact, IL Judge Glenn
ons had not prevented me from 60
ing before the grand jury after i had
been promised this opportunity by
Judge Vaughan and Mr.. Hertsche, the
foreman, there would have been no
necessity for the bringing Of judge
to Honolulu" Davis said today. Il
could have explained everything to
the grand jury and there never could
have been any indictment found
against me IL had been allowed to
20 before this body"
Says Misapprehension Exists.
Emil G. Peters, one Of counsel for
Davis, stated TO the SLar-Bulletin to-
day that many persons have been lab
oring under the impression that Davis
took money deposited In court and
used Il for his own purpose. AS a
matter of fact, Davis has not been
charged with such an offense, Peters
added and referred to clause in the
decision, which in Npart, sayG, I'VE
have found that he (Davis) rightfully
came into possession of the moneys
charged TO have been received by him
and that he did not convert such mo-
neys to his own use except in so far
az authorized by statute :.
In his decision, Judge Morrow says,
In part:
ct is nowhere charged that any
moneys so deposited with the defend
ant as clerk or deputy clerk were mo-
neys OF the United States. On the
contrary, Il is specifically alleged in
all Of the counts OF the indictment
that the moneys SO deposited with the
defendant as clerk and deputy clerk
' were moneys Of persons other than the
United States.
11t should be stated preliminarily
that there is no law requiring indi-
viduals to make any deposits of mo-
neys to secure in advance the payment
q costs In any action, suit or pro-
ceeding In court except in bankruptcy
Prepayment Not Required.
There Is no law requiring these
prepaid fees in bankruptcy to be forth.
with deposited with the treasurer, as,
sistant treasurer or a designated de-
pository of the United States, but the
clerk may, as q matter of convenience,
Idepc1t the money 30 received In bank
ruptcy and other cases to his rindiyit
sdthi account or 70 his account as clerk
OF the court in any bank, although he
d not required by law to make such
. deposit anywhere in the name or to
the credit Of the court. In other
words, II is plainly and distinctively
not q court fund, nor fund belonging
10 the United States.
'It is not alleged in the indictment
that any Of the amounts charged to
have been embezzled by the defendant
was shown by any return of his to be
g surplus Of fees and emoluments Of
his Office as clerk or deputy clerk
over and above the compensation and
allowances authorized by law 70 be
retained by him, or that the account.
ing officers of the treasury had $50
found.
"On the contrary we have found
that he Davis rightfully came into
the possession Of the moneys charged
to have been received by him and that
he did not convert such moneys to
his own use except in so far as author
ized By statute to take and hold pos.
session of such moneys until return
and audit had determined his further
duty with respect 70 those deposits.
The case appears TO MS to be an
extreme one In favor Of the right Of
TIE clerk to the exclusive and IN
Qualified possession and use OF all
deposits made with him to secure the
payment Of costs until such time as
he makes his emolument return and
an accounting Is had as required by
the statute, but we are Of the opinion
that the decision Is justified under
TIE law as declared by the supreme
court IN the Mason case"
The court ordered that Davis be re-
loaGed and Ms bond Cancelled. %. s..
Attorney S. C. Huber noted an ex-
ception to Judge Morrow.s decision. II
Il possible that the case may be ap-l
pealed to the supreme court of the
United States: