The Hawaiian gazette., 1883-07-18

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flle Nsfa n1tit1 B ets
l1e r1tII. ia.sle = tot 4|s1 ~ I5-'il 4
dssrcsIsn oi he f11, <r4 ~ ~ =
tfings he Press htIrtt l1c ltr 81 aI,c. -
DarreIi. Elfll.i4r nfnl "A Ser ttaa.|.l
neizL1tt he Erlttf Sttt,r. IN u Irl.., l,rII.s
rsmatks IN cptnire ~ otftt,tl1 Il ~ trt.l|.
cins few 1ay5 ag1. JAY "a. VS. fI44.tt j.
eag ~ ltis-f ny llI'sl'ss.lll e - aee1|g
- ~ tlfs Q. - work. + y f1trs.
ctanlinafie1f. kutIis1itn In.ta.n ana n.
Eealle H4raissn. oa ss-uss A..s IrIii a.. EI.IIs
aloha 20 we,epme ~ slsrDrra rlhn -
gates II ~. D11ell ~. rsr.stt. - - -
taoul1fy b. ceala ldt haze fu..rf 4 -. 5r.s-
priate uorl .han gentle - daerril.1 I1r - ~.
character. sAall uoi ur. q t.saacss /. ~ q.
seies ezignd our kiaAly IN ts.-s..
1..le y ~. and eneaFqr y eTsV ~ 3 AZ,
and succoi hm, enf crf7t or cIrlr tarsrr Is
ward % anA dtail1 stazsp OCT as ~ + ....,l
which thrsAsens hla nat.aaal o1aetsrrrt 80
i that i = ad1.y incrl1fuf e., every anA .lsIt
to 90 50. Hts noi ii. Fitch dan, Is,1l W..
has Mr. rkrusi done isotins Is t.Is eare,st,-.. :
Comparatively nothing, savs he writing ana rsl-
fishing q such articles IS those from lte ~.
furtahic editorial rccsn. While Fileh e-1c,.l fi.
sell to many inconveniences o. travel All, ~ sst
Of being poisoned himself y this ierfitir rAIsF
ask son to consider TIE shoir sa1iecl nsl rt,r
from personal standpciut, bat fsooa q r6li1Iul
standpoint, and there Is nothinl scit fes ls AaI
to add my thanks FOR your patisaos ar5 sftcasi1n.
and iesvs the csse With you-
His honor, khe Chici Justss sulnn,d ap -
follows;
Gentlemen ms trial has tsea pvotrscis,l
longer than usua,, and particalH attention aaa
been paid b IL throughoui By ilsea audiences.
The Court has frequently tried cHscs % ni,rlie-
and other hein0us crimes, in uhfA ~ ini4rasl
whatever was stincel ~ the pubic. ia isci ~.
even q newspaper reporter vas present. uns<sae
this case has excited particular interest for two
days. Il has been Characterised As = casa 90 /
national charaeter, With his view ne csuri !
sympathizes- Il is dihcult % ccnc1irc =
question Of more imyortanco than a QUESTION q /
national health In ofdsr 70 have a corect bs.a !
Of the Issues yea hive % Try shalt present thra
to you separately 4 Is a criminal prosecution.
and one which the law justifas A. Is noi a. i
action for Islander. Slandcr consists q vur.is /
spoken. Libel has been established AZ q crin.i. /
nal ofense in oar Penal Code siaes issO. I /
ought 10 say that becnuse Dr. ritch snaricru i
COUNSEL i ought tot 70 weigh 1rainst him IL /
is not a all inappsopriate. VIA reeari 70 The 4
several issues. FIRST. 4 is essential that tSe i
jury are satisfied that the article which arr1ar.l
in the Saturday Press cf the Sth Of Nay meant I
Dr.. fitch In DISCUSSING this yoa il,ust take ths I
whole Of tie article into consideration. and /
whether Il is lihelous. A libel a a pnhlcalion
a
or a representation oikeE ihan By words mcSeiy ]
spoken, which directly tend % iniars tie iaa,s {
reputation or good nauis Of another person. and /
to bring him iato disgrace, abh0rfence. uiiiul1.
hatred, contempt or ridiculc. o. 10 canss hia 10
be excluded from society II seems strange /
that the defendant should plead not Guilty. aad /
at the same time plead Justification ~ trying 20
prove the truth Of the allegations. but his the
law allows. charge that 4 you ara 81 ihe 4
Al .haI Ill a.. n.
Fitch, you will find a verdict % not grlliy. 1
Your attention viii Be called T. Tho itstidcafioa
Of whether the terms and epithsts applied 10 Dr. \
Fitch have been proved to De true 10 yaur 1atil-
faction II proved BY the testimony. and
made with justidable end, then you win dnd
verdict Of not guilty.
Here His Honor quoted FROM section Ave %
the Penal Code
Suppose 1t to be perfectly true that a man who
is in this country, and Who committed a fclanv
in his early life, but whose coud1ct has been -.
emplary ever since, ii would be a Kbsl to rake
up and publish the crime, with malicious intent
as i would be difficult 10 show that such a publ
cation was made for good end. ] ought TO say
further that Il you fad BY the words in the e.
pressions used that il was the intention Of Mr.
rhrum TO apply thcm to Dr.. Fitch, il Is for yon
to consider what is the effect Of those words 4
untrue, and would they not tend % bling Dr.
Fitch into disgrace and odium II you ana IN
reviewing the testimony that the main intent q /
the article Is true, think you win have no at.
dculty in deciding that il vas loao ior good
r1otive that Is 20 say, II a Newspaper Ffetenls b
have an influence at al, IL is a duty that do-
wolves upon the press 10 expose charlalans.
quaeks and ignorant pretenders II they DO /
exist.
The Office Of medical superintendent il an I'M
portant one, not only to Hawaiians. but Is can
not be over estimated by the foreign population.
II the Islands became plague spot / sill BE- b
the interests Ct all residents 10 ~ and stamp L
out. II the medical superini snlent BIZ his i
works, or published articles and letters on iep- /
rosy, shall induce the pdblir 70 believe that /
syphilis and lepr0sy are Identical. what would /
be the result Would not persons Who are 4
leading moral lives be longer in fear 81 either
disease, believing that they we're not likely 10
take it BY incubation and thus exp0ss them
selves? What Is the meaning % the article r.
ferred 70, Il it meant that his theory WIS a solu-
sion and q snare, would not the newspapers T.
justified in calling him quack, eharlafan and
an ignorant protendeE You must 30 satisd1d /
that DR.. Fltchis theory Is that the two diseases
identical, and that Il Is true as stated hy he
other medical gentlemen that they have no a.
fnity, and that the one is not later stage Of ihe
other Is lepr0sy contagious De. Fitch SAYS
it is not. II contagious, Dr.. Fitch as medical
superintendent, and bearing She undivided re-
sponsibility Of discharging persons whom he d.
clared to be cured Of ieprosy, places the whole
of this community in a dangerous position II /
durable, those who are afflicted with K and have
the means, would emploI the very best skill
and others would not have the same fear az Il gs
at present. On the other hand the prepoudor-
ating evidence is that it Is not carable would
not this have the eject q ceusing peoplo &c -
every possible means to avoid contaEi0n From
the evidence, the inference il that II is not a.
ways communicable by SEXUAL intercourse. That
would sustain the statement that healthy women
have lived and cohabited with leprous husbands i
for years without mourning any visible taiHs q
disease. II may be difficult Tor you 10 ascertain
what are the views Of Dr. Fitch about segreca-
ton. II the policy Of segregation has been ad-
hered to. then DIR. Fitch Is consistent II You Il
and taat he has discharged patients thai are not
cured, it would be violation o. his policy q
segregation.
II you find that the terms quaek, etc. arc IN
tended "a apply 10 and charactgixs Dr. Fitch IN
this country, yoa must decide whether or not the
allegations true II you find that he possesses
a general lack Of medical knowledge, as shown \
In his analysis Of arine and his general prae- +
tice at the dispeusary, you viii then decide that i
the publication vas made with = Unsuitable end /
It was not strictly rebuiia 70 brins, in lepers I
who were not cured, but in an ameiiosaled conii- i
ton, though I allowed il. The physiciens for /
the defense have said that loprosy Is capable Of I
great modification BY proper treatment, better I
diet and improved hygisnie conditions generally. /
This not strictly q rcbutiai In medical /
matters there is no absolute method n proving /
what is true. The tendency in bringing IN thsse 1
uniortunaies was to show that they we're not
cured, but were the road 70 cure. o. The /
other hand yon have testimony thai the disease /
IS incurable. You are not 10 iad that DIR. Fitch |
has done good, but that the theory be mainiaias |
has resulted in more injury thar good. I 10 not 4
want 70 prejudice you in any way. The law h 1
very clear the subject. There is % ecusoE-
ship Of the press here A man may publish any /
thing he chooses. Publishsrs know that they /
are liable for what they puhlAh. Il the article
is true, although deiamatoy, It j. juGtihabie.
Libel Is Of two degrees. Il i for yoa % ssy IN
der which degree, II any, this would come We
have had the opportunity Of hiafins, under oefh,
the opinions Of the best ph5sicians IN this city.
With these remarks, gentlemen leave ths
case in your hands.
After TIE Judge had charged the Jury they re-
tired, and after being absent i've minutes -
turned a verdict Of not guilty, two dissenting
,2leR embellishments,