The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1857-04-02
CoURT Horse.
HOUSE,
Honolulu, 10Th March. 1867. {

Honolulu, 10th March, 1867.
observation-disclosures which have come to my
knowledge since the January Term of the Supreme
Court, have led me to suspect that a misrepresenta-
ton was made to the Clerk of the Court, in regard
to the nationality of Louis Franconi, with a view to
obtain in his case a jury proposed by the Consul Of
France.
Mr.. Barnard informs me that, on making inquiry
1s -; 1870, - E-~.~e-s-
such to avail himself of his privilege under the
treaty, he understood you distinctly to answer both
questions In the affirmative.
1t now appears that Mr.. Franconi is not a French
subject, but that he solicited the Intervention of the
Consul of France, as q S,ciss citizen, in the absence
of q Consul of his own nation. Had the Clerk of the
Court been appraised by you of the real state of the
case, it would have been his duty to refuse the privi-
lege claimed for Mr.. Franconi, but, relying upon
your representation that Mr.. Franconi was a French
subject, he admitted the right, with my approval.
It would therefore appear that while you claimed
from the Officer of the Court the recognition of Mr.
Franconi as a French subject, you must have been
aware that he was in fact a Swiss citizen, and not
a French subject. If this be SO, then we have been
misled by your Misrepresentation, and the matter
seems to call for explanation at your hands. / trust
you will be able to afford such explanations as will
obviate the necessity of my submitting the subject to
my brethren. Your obedient servant,
G. al. ROBERTSON,
associate Justice of the Supreme Court.
ALEX. CAMPBELL, EsoR-, Counsellor at Law.
HoNoLuLu, March 25, 1857.
SIR,-Your communication of the 10th inst. was
received by me yesterday. I state in reply to it. that
[ never did say to Mr.. Barnard that Mr.. Fran,
conf was a French subject. All that passed between
that gentleman and myself proceed to relate:
Shortly after the appeals were taken in the cases
of Booth and Franconi, the latter wrote to Mons.
Perrin, the French Commissioner, to obtain what he
considered to be his right, viz: a Consular Jury. 7
did not see his letter at the time, nor were its con-
tents known to me or my associates, and I do not re-
member seeing it at all until after the receipt of your
communication. M. Perrin having replied personally
to the letter or MI. ErancOni If hacouya roporollu
known that both of the defendants claimed a Con-
sular jury. The appeal papers having been sent up,
Mr.. Barnard asked me whether we intended to claim
the privilege in both cases. | replied that we did.
He then asked me whether Franconi was a French
man. L answered that he was born in France, Of
Swiss parents. He then stated that under the Stat
ute it was necessary for the clerk to send a notice to
the English and French Consuls or Commissioners,
and requested me to prepare a form. 1 promised to
do so, and on the same or following day fulfilled my
promise and called ON Mr.. Barnard for the pur-
pose OF giving him the form. He was not at the
time IN his office. As it was not necessary to sena
the notice for some ten or twelve days. | did not call
again on him for g or 8 days. At the expiration OF
that time [ either called on, or met him, having the
paper SO prepared in my pocket. [ told him that
had prepared the form as requested by him, and was
about to hand it to him, when he replied that he had
already sent notices to the representatives of both
countries. This, of course, obviated the necessity OF
delivering the paper. | took it home and p1acedn
among some old papers which [ regarded as OF little
or no value. On examining them this morning, l
found it. herewith transmit a copy of that form;
the original is open to any person who may desire TO
see it. On its face it draws the distinction between
" Joseph Booth, a British subject and LOUIS
Franconi, born in France, of Swiss parents L
was careful in stating both verbally to Mr.. Barnard,
and on the face of the form which I prepared for
him. the precise facts as to the birth and percentage
Of Mr.. Franconi, because it was expected by my as
s~ociates and myself that the question as to his nation
atty, which you have so summarily undertaken TO
decide out of court, in your communication to me,
would become the subject of discussion In court, ana
we were prepared to argue it. I will not discuss it
here The case has not yet been disposed oft
stands upon the calendar still. How far you may
be able to reconcile this ~extempore decision of points
in 8. case before the tribunal of which you are o
member, with your sense of Judicial duty. is a cues
ton which / shall not consider at present From
first to last, every statement made by me In relation
to the case of Mr. Franconi, is literally and strictly
true.
And now, sir, having stated oil the facts eonnec.e.
with the matter. permit me to say that the insulting
tone and character of your communication ara soch