The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1883-07-18


Z He fhrum presented any tanrIhls .saIsnt.s !.
y hha theoyf sefee tAain Ne llhsraca a a.
rfesa we're muEslri it ucull - AsilInsul.f 4
ne pnhllc interests. 4 not Witch lAa xtcl|a n
I desretiasn q Ne rsr.a. aud TO- Witch \.
Z hfiufs NE pfcss before the hsf iuf lusiicsi NJ
. nazgpil. Ninisics Resident Of or powerful
: neiehtof. the United Slatos IN Btu Introductory
rcmarks IN opening ne escrrises n ihs AVER.
cans lev DAYS aac ialy en-, vss sleasel b
Az Cd ~ hcilae va representatives q nearly
al The naiienaliiics "a The world - tiermana
S'sndnAviais. Hneithmsn irshmcn and ihs
gentie Hawaiian, Who -cuiea hcre Win NJ, tinllly
di,ia 10 wslcrae lh- .trsnqrf. wlth.n Al
sales NJ. nasIvi, haa r.nsaoas.l Ne 70
cebalAfy ~ coah not havr icuu.l r,asr srrr,.
rtiafe vvrd thar fttue 10 ,lrsrfii.s A., n.tIs.
character. shall not w. a. sifaurers within A.
eaiss, extend euf linily aar hc.1si.-i
aiefd % him, and enoesvof ~ even acl ~ sla
AMI sncroF INV, ard eseri euf every snofev ~
wsfi "a aud hnailv stamp ont this dlrs dlse-.i
which ihreal~na ms n.iion,i rsi.tsucsf / 80
q that u h doty incumbent On svrtt one ,f.u.
81 10 80. Nss noe ~. fich lsna thial Wa.
has Mr. rhfnm done iookinQ % this gouelusloni
Comparatively nothing, save ths wflunr ava luh
hshing IT such ARTICLES A. these fyota ne e.,la
ieristc ollferai rnnu. while rtlch ssr...ss klua.
soli b. MANY iucinyeniencrs ofifayrl AMI M "a
% being poisoned hmsriity thls terrible aaiaslv
! AL Nuu b. consider ihr uhulc sutieri. me- anlt
iroia refacual standpoint bat iraui a national
standpoint, aud thcra s nothing laii fer na bat
20 All my thanks iof ,our raiienas tn,l attention..
apa leave The Osso With scu.
lls ilouof, the Chici justscs sumaai W ~
follows
uentlsmcn rhis ,nsi has been r,ois.ets,l
loneer than VISUAL. hud particular siiauiicn has
been paid % 10 Throughout hy large an.irncss.
lhs Court has frequently uiri Gases % a,ursirr
and other heinnus rlimts. ln Ntsah NJ iaIsrgsf
whatever va etincei b, Che rntiis in ftsi 80
even a urWspaper laruriff vts present, ahafats
this case has usciici rsfiiculu interest fsf ifso
da,s, u has been fhsrtoiefiand a. = 0ssa e
national character With this yire the trurt
vmrsihi1es. u b. hacali b. raacsiv- .
question: ~ move importance than question ~ /
national hcilth. IN nfiar On hava a dafiuet al..s /
oi che issurs yuu have o. W. shall pruuant ihon
30 yeu separately. q ID criminal rfssaauiiau. |
and ono which tho law ia.iihss. u is noe an |
aetion Zoe sian1ur SllnlrT CONSISTS q ~ar.ss /
spoken Label has been established - q orimi. i
nal ohrnso ia Ger renai Cd.ia siaco lSso i
ought 20 say that hocansa ur Fitch sniri a.s
counsel, . ought not % weigh against hiai lf j
IL not AZ at inappropriate. With raesri o. thr i
several ISSUES First u b. essential that "a.
jury are satisfied that the article Nhlrh Appeared
iu The SATURDAY Press % the iih u Nav meant
Dr. Fitch. In discussing this you must taks thr
whole 81 The article into confederation aaI i
whether &c s hhcllrus. " 4 libel b. q rutlieaiIan
Ia writing, print, or by picture, siatuts. sign.
ur a representation other than By woriis usrreiy
spoken. which dircctly tend o. iniuru thu fame
reputation or scod name Of another rtrsnn. ani /
10 bring him into Disgrace, shhorrcne, o,lum.
hatred, contempt or udiculo or o. canss him o.
d. excluded from socitiy 10 seems strange I
that the defendant should plead not guilty ana
AZ The sans time plead Justification hy tryine %
prove the truth II the allegations. hui this ths
law allows. I charge thhi q YOU ar- "a ths
opinion that the article does not lilu.iT o. Dr.
Fitch. You vii dnd a vorliCi n not guilty
Your attention viii b. called o. the Justification
Of whether The terms and ep.thets applied o. Dr.
Fitch have been proved 10 b. true o. vuur sasis-
faction II 50 proved bv The testimony and
made with iustidablo end, then you siil dnl
verdict of not guilty
lHcrc His Honor quoted from section ave Of
the Penal Code
Suppose It io De- perfectly true that a mar who
b in this country. and who committed a f.isuv !
in his early liic, but Whose c1uduct has been at- /
emplhly ever since, it would L. a libel o. rake
up and publish the crime, With malicious intent
as Do would be difficult % shove that such puhli-
cation was made Ton good emil ! ought ID .iv ,
further that Il you dni by ths wofJ. lon The en-
ntcssions used that % was the intention IL M
Ihrurn 10 apply them o. d. Fitch, Il i faf Won
90 consider What j. the elect Of tho-e word. 4
untrue. and would they NOT tend % bring nf
Fitch into disgrace and odium. Il you and in
reviewing the testimony that the main intent Of ,
the article is true think You viii have no dif- d
hculty Ia deciding that 10 was done FOR a ,ond
motive, that Is 81 say, u ncvspspa- rrctenls O.
have an influence 40 an, 70 is a duty that de-
wolves upon the press 20 expose charlaians.
luacks aud ignorant prctsndsrs Il they DO
exist.
The Office Of medical superintendent !. an i'm
portan one, not only 10 Hauaiian.. be-, IL can.
not BE- over estimated by the foreign population.
II the Islands became plague spot Il Wiz BE- o.
the interests Of All residents 10 try and stamp L
out. Il the medical superintendent By his
works, or published articles and letters cu Isp-
rosy, shall induce the puhlic 30 believe that
syphihs and leprosy arr identical. shat uoaii
be the result Would not persons wlo t4o
leading moral lives be no longer in fear Il oisler
disease, believing that they were not likely -
take q by incubation and thus rxpose them
selvcs' What is the meaning ~ the article r.
erred %, Il It meant that his theory Fss a ielu-
'lou and % snare, would not the newspapers b. |
justified IN calling him quack. a chariaian and
an ignorant pretender You must be satisfied (
hat Dr. titch's theory Is that The two diseases
are identical and that ii is true as stated hv th-
lther medical gentlemen that they have no ai- /
unity, and that the one Is not later stage of The
ither Is lcprosy contagi0us7 De. Titrh saw. I
{ is not Il contagious, Dr. Fitch as medical (
superintendent, and bearing the un,ividsa To- \
'ponsietliy VI dischnrging persons whom b. l-- y
Jared 90 De cured oi leprusy. nllce- the whole I
y this community IN dangerous position II
urable, those who are afflicted with ID and have
be means, w0uld employ tho very best skill (
nd others would not have the same fear Of 10 a.
L present. On the other hand the preponIsr-
ting evidence Is that Il is not uurabis would
lot this have the effect " causing pa1pi. Do ne
very possible means % avoid coniagiuu FROM !
be evidence. the inference Is that it D. not a.
'ays communicable by sexual intercourse That / a.
'ould sustlin the statement that healthy women is
ave lived and cohahited with leprous hushau.ls
lr years without mourning any visible taiut n
isease, II may De- difficult for you Co. ascertain
hat are the views Of Dr. Fitch abuuf scrfsfi- IL,
ON. II the policy u Segregation has hesn a. / a
cred 20. then DR.. Fitch b. consistent n you -
nd that be has discharged patients that are not 7
ured it would BE- a violation u his policy 10
lgTegatiou.
II you find that The terms quack. etc. are In
nded 20 apply 30 and ahafseieriza pf Pitch 10 =,
his country y0a must decide whether er not the II
Legations are true II y0u end that be possessss Sc
general lack Of medical knowledge. A. shown II
his analysis Of urine and his general prse-
C. at the dIspeusary. you viii then decide that
ie publication Wa= made with Unstable end.
II was not strictly fehuitl 10 bring ia lepsrs Z
no were not cured but ~ an amriiorIffd slndf- II
on, though / allowed it. The physiciaus for -,
10 defense have said that lopr0sy j. capable of t
-oat amciiorition by propes treatment. better 4
let and improved hygonio conditions rcuersiiy.
MS was not strictly "a rebuftal. d. medical 49,
alters there j. no absolute method u proving n
hat is true The tendency ia bringing IN thns- al
lfortunaics was b. show that they were not tb
ired, but sere on the road D. cure o. ths y
her hand you have testimony that the disease -
incurlhle. hou are not 30 hud that Dr. Fitch on
Is done good, but that the theory b. maintains Z
IS resulted IN more injury tban good I DO not &c
ant TO prejudice you In any way. The law b. n,
ny clear on the subject. There is no censor
up Of the press here. man may publish any ~
ing be chooses Publishers know that they Pc
e liable Tor what they publish n the article ] z
true. although dsiamatory, o. is iustidahle | ON
bel Is q two degrees Il 8 Tor you 10 say IN ~
n which degree, II amy. this uouid come. We
I've had the opportunity q hearing under oath, ~
. opinions Of the best physicians u this city.
With these remarks, ssHtlemsu ! isars the
Sc IN your hands g.
After the Judge had charged lhe jury they re- "
ed, and after being absent Eve minutes re- 81
rned "a verdict u not guilty, two dissenting
4rW Embellishments. tn,
TO LEASE