The Hawaiian gazette., 1883-03-14
The Celebrated Case" Continusd

The Celebrated Case" Continued.
On last Thursday, the sth inst, the case of Rex
rs. Robert Gricye, in which the defendant wGs
charged with the printing Of the now renowned
Coronation Hula Programme was again called
in the Police Court, and Judge Bickerton. who had
reserved his decision from the 3rd instant. pre-
sented the following Judgment in answer 10 the
brief Of Hon. A. ;. HaTtWell, the counsel for de
fendant; who had introduced special plea Of want
of intent by his client to do anything contrary to
law, and also the absolute ignorance of Mr.. Grieve
Of the nature of the contents Of the document
which seemed TO have had official sanction the IT,
tie page being craced by the Royal coat Of-arms.
Judge BickertOn said: 81 have carefully cOnsid-
cred the special defence made by the defendant
that he should be acquitted Notwithstanding the
contents of the alleged obscene document for the
reason that he had, and has not now, any knowl-
edge of its contents, and that be is ignorant Of the
Hawaiian language, and that his foreman and type
settlers did not inform him of there being anything
obscene OF Objectionable IN said document and
that he merely allowed his employees TO provide a
paper m the Hawaiian language at the request of
an employee of the Hawaiian Government"
81 have carefully considered the authorities cited
by the defendants counsel and other authorities
IN libel cases, and cannot find that the author-
ties IN libel cases apply to case Of this nature In
these cases IL has been held that If defendant had
no knowledge that the article published was libel
Gus, also that If he had no knowledge Of the party
he has done no wrong. do not think
case of this nature can be controlled by these au
thOutles. The defendant Is proprietor Tor one of
the prOprietors) of printing office and personal
ly manages il. think It would be a dangerous
thing for courts to hold that such person should
not he held responsible for all matter that passes
through his printing presses. that ignorance Of
the language in which 1t Is written should oNOuer-
ate him. feel It Is my duty to hold that it was
and Is the duty Of defendant to make hims If fully
acquainted with the nature of the contents of all
matter 10 be printed IN his office IN whatsoever
language II may be written. If this were not so the
might be shifted from one to auoth-
and this plea Of ignorance made in each case and
no one held responsible The responsibility must
rest somewhere and in this case must rest with the
therefore cannot acquit the defendant
on this defence. The case will have 10 20 on and
evidence be put iu Of the nature Of the contents Of
the alleged obscene or immoral pamphlet
A. $. Hartwell, Esq the defendants counsel
desired his Honor to cite the authorities which his
Honor did not consider applying to the case. A
short argument ensued between the Court and
counsel ending by Mr.. HaTtWell declaring that he
was not inclined to 90 into examination Of the
nature OF the contents of this alleged official doc
1ment although stamped with the impress of Roy
ll authority for, counsel said If the contents were
IF the nastiness which he had heard limited he
would not under any circumstances care to unrayel
the meanings, knowing that his client and himself
were yet ignorant Of them; he preferred his Honor
10 pass judgment.
ness and the Court proceeded with hearing the
r1se Of
TIIE oTIn.E UCTDI.
The case OF Rex vs.. Wm. AUD, the defendant
being charged with publishing the obscene dOcu-
nent known as the Programme Of the Hulas at
the Coronation of the King" the same document
bearing upon its title page the BOyal coat-of-ams
and from all appearances having the sanction Of
The ROYAL Chamberlain. Mr.. Auld like Mr.. Grieye)
IS gentleman well known in the community, and
has sustained character for probity and honesty.
having held and still hoiding an honorable posi-
lion under the Hawaiian Government, as SlcI6tary
10 the Superintendent of Water Works and his
are credible.
The first witness called by the prosecution was
Alr. Il. Grievo who testified as follows. Am pro
prietor of the GAZETTE printing Office have per
5onal charge Of X. Mr.. James Auld Is my fore
man and has charge when / away. Did not
know Of the printing Of these programmes. This
IS the document printed at my office. Do not
know who brought II to the Office. II delivered
10 my foreman before / SAW It. Did not know title
d supposed contents until after 1t was printed.
Had no idea that anything obscene as this is
said 10 be would be brought from the Palace 10 be
printed. II was set up IN my office that is the
document identities programme entitled PRO
yramme Of Huias at Coronation OF His Majesty.
Do not remember exact dates but do remember 1t
vas to be finished abont the l2th February, C0rO-
nation day; was not done until the latter part Of
hat week. lAlannscript produced and identified
lanes Auld is my foreman, when am absent be
axes charge of the Office Do not remember see
nc title page until printed. This IS the manu-
icript from which the document was printed.
ng department Of the GAZETTE Office. Remember
printing Of the Hula programme. William Aud
brought me the manuscript. Believe this to be
he same manuscript Brought one week before
he Coronation Of His Majesty. There was no man
lscript FOR title page. Made up the proof Of title
page myself. No coat-of-ams on first proof. Coat
lt-arms was ol second proof. First time refused
% put the arms without authority. First proof
zas taken AWAY without arms on It. Brought back
md coat-nf-arms ordered to be put on. The whole
1rogTamms was tLen printed and taken, / sup
losed to tie King or the palace. Gave third proof
n the afternoon had orders to go ahead. Vim.
Anld told me to strike OF proof with coat-of arms
N. He also ordered them 10 be delivered at the
1hamberlain's Office when finished: they were de
ivered there
Gross examined by J. 5 Russell Esq. Whenthe
bird proof was returned John kauahea was stand
rg near me- He might or might not have heard
he conversation between myself and William.
Have known John kaulahea for about twenty
'ears; he is no; deaf William said 10 me TO put
N the coai-oi-arns and 60 ahead. Next day he
anne back with the i;soof and said an right; 90
head
Mr. Castle. the prosecuting attorney. addressed
he Court and stated that from the nature of the