Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1883-07-14
THI IIHYI SUIT.


Wenncf, /. kister, y. Sclig. G.. West, w
Lishman, !. y. Castle, Julius Asche. ]. II.
Bruins, it,, J. G. Cluney. Before being sworn
Mr. Mccartney, one of the jurors, was eN
cused as he was witness in the case. lie
wa, accordingly excused, and Mr.. {. X. Scar.
borough took his place in the box.
Neither side making objections to the jury.
men thus rmpanellcd, MI f. Hatch, for the
prosecution, read the indictment As follows;
In the name of His Majesty the King Il the Hawaiian
lIanls Oahu, to wit:
Aa tenn II ire surrem, Court 4 the Hawaiian
Islands began and holden Honolulu, IN the Island
! of Oahu, within and for the said Hawaiian Islands
and mote especially With aad i1r the ,iid Island %
Oahu, the second day of July, in the year Of our
/ lotd, Thousand eight hundred and erhtythree,
and continued by adjournment from day 10 day, and
/ from time to time until the seventh day Of said July
| The Auorne, General of the Kingdom by william
/ Austin Whiting, bis deputy, lawfully appointed and
/ In hehalf of our Sovereign Lord the Ming upon his
official oath presents that, Thomas G.. lhrum, . for
eigner ~ Honolulu, IN the Island II Oahu, and with
IN the jurisdiction q ihi. honorable cour, on the hfh
/ day of May IN the year u our Lord, one thousand
eight hundred and eighty three unawiully and mali
ctously intending 10 Witty, disgrace and dciamc one
George T.. Fitch, physician and doctor of medicine,
and an officer 4 the Hawaiian Government. to wit,
government physician for the District Of kona IN the
| Island of Oahu uulawfully ard malciously did make
print aud publish, and cause 10 he printed and pub
i shed Ia certain newspaper, entitled the Sat
Of public circulation within the Hawaiian Islands, and
within the jurisdiction Of this honorable court
false, gCaudauus and malicious detamatOTN libel OF
and concerning George l. Fitch aforesaid physi
eian and doctor of medicine and officer oi the Hawai-
ian Government as aforesaid, which said libel Is As
follows, that Is TO say
! When in the progress q newspaper conduof il be.
come, necessary unmask knave, to uncloak
charatan to expose quaek, the favorte refuge Of
the ploed rogue Is TO call the Journal Whith has
done him "a beous sheet meaning by said words
| "quack, "knaye,' "charlatan, and the "plloried
| rogue the said George l.. fitch) The Press has
Gently been instrumental in convincing the intelisen,
readers Of Honolulu that one Of the most important
offices in the gf Of the government tneaning said office
Of government physician for the district Of kUna aiore
,,id) is held by comparatively ignorant preendcr
tmeaning the said George l.. ftch.) This action was
the direct result uf conflicting causes There has long
been a belief among physicians here that DR.. Fitch
(meanng said George l.. Fitch Is not satisfactory
practitioner that his (meanrg said George L. Fheh)
theories absurd that his tncaning said George l.
tnch) scheme Of cure is deusion ard q snare. Bui
Il has also been held by many that DR. .itch (meaning
said George l. fheh has the intees, Of the natives At
heart that he (meannR said George L. Fitch is kind
faithful and ndeiatigab'e worker Zeal and honesty
Of intention multitude Of sins !, has been for
this last belief that the Press has Invariably treated Dr.
Fitch with courtesy When he (mcaning said George
L. ftcD could not get his recent letter published else
where, the Press opened It's columns TO him. with the
understanding which Dr. Fitch may not truthsully
/, deny that the right and refute his argu-
ments reserved and would certainly he exercised.
Three weeks ago appeared reply to Dr fuch, wit.
aud signed by OF the ablet non.pofessional
medical writers in the kingdom. 1t respectful
in the absurlily and contradiction and gross
msstatement Of DR.. Fitch Oneaning said George l..
Fitch made il possible for any reply to lie. 10 the
letter Of Mr. Albert Smith Dr. Fitch made no reply.
lie tmeaning said George l. fch) visited neither the
proprietor the editor of this paper, and made
request for space in which his (meanina said
George l., Fitch critic But the and in pub.
lie resorts he (meaning said George l.. Fitch has
charged this paper with the crime OF Incompetence in
criticism and the infamy Of libel His imeaning said
George l.. fch) slander is public reproach, 1t pro-
woke, retaliation in kind IL shall receive early
S ton (Meanng and intending thereby injure the
fame, reputation, and good name Of said George l..
tuc) to the manifest great injury aud damage Of the
s,l of tltsg
Fitch and tending directly bring him into disgrace,
K odinm, contempt, scandal and ridicule And SO the
attorney general aforesaid, 10y his deputy aforesaid,
upon his official oath aforesaid, doth say and present
\ that the said Thomas G.. Ihrum the time and place
aforesaid in manner and form aforesaid is guilty OF
the oiense OF libel against the peace and dignity OF
sovereign lord the king, and contrary the form Of the
statue IN such case made and provided.
(liy his deputy) WILLIAM ArsriE WHITING
+, true bi found this 9TH day Of July, a. ID. 1889
A. Francis Judd, Chief Justice Of the Supreme Court
presiding At the term.
The trial of the case was then proceeded
with, the first witness called by the prosecu.
ton, Albert {. Smith, stated that I. G.. Thrum
: was publisher Of the Saturday Press on date o
May 5th, containing article of alleged libel
u which appears above in the indictment. IPapel
/ offered in evidence by prosecution.
o Doctor Fitch was then placed on the stand
g and testified in substance as follows:
After stating the various positions held by
$ him as government officer, he said also thai
= he held license practice medicine in the
d kingdom. Also had license TO practice il
;, California, dated 1870. Had a)1liploma from
" Bellevue College, New York, was appointed
government physician, October 20, 1881, b,
h Hon. IL. A. 7. Carter, also superintendent
!. Leper Hospital At Honolulu, and appointed a:
medical superintendent al Kalawao. Saw tn,
article published in the Saturday Press, Ma,
! Sth. Refers to him. No other Doctor Fitch
, in this country to his knowledge. Remem
beTed the malpractice case in which Doctor
Rodgers and himself were sued by Mr.. IIinck
. ley. Remembered his testimony rc'ating I,
o receiving his education. said received diplom;
e nt Bellevue Hospital. Did not remember all
Entered Bellevue College, October, 1869; die
not remember the day of the month, wa.
c there AZ months before receiving diploma
q Attended the regular course of lectures al tha
:, college.
Never studied ut Philadelphia. Commenced
: the study of medicine March 20, 1865, il
7 Eldorado County, California, with DR.. NJ. +
!, Clayton, was there ) months and money CAV,
), out, then went To San Jose and San Francisco
y there continued to study. Was night clerk il
c hotel there some time. Studied with DIR. W
IS Lyndoh at that place, then worked at DENTS
Try. Studied al san Leandro, in 1867, unde
Doctor Coleman. Clayton was count,
practitioner, and also piaciiccd dentistry. IL
lune, 1862 was at the Toland Medical Col
lege, San Francisco. Have not practice,
dentistry since 1870. Took no special in
l. structons in dentistry. About months is tn,
u time used as regular course in me,lica
e college. All colleges have the same tern
tpositively). Had no, studied leprosy espe
J cialk before coming here. nothing more thnt
n a general knowledge. Never attended a cas-,
e of eprosy before he came here. Bu, hclpc,
i to cut oil the leg of A leper. in order /,
get. him In his coffin, in the city an,
county hospital, San francisco. Leprosy i
no, Thoroughly curable, can make |, disappea