The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1883-07-21

appearance of the patier ( also referred 10
| the testimony of DR.. Rodg,r, with regard to the
| dispensary being closed on O certain occasion
also to the operation on the eye by DIR. Fitch.
How far does all that has been shown and told
you convince you that Fitch is a "charlatan "
and "quackf" The article in question, in
stead of representing the liberties Of tho press
represents the abuse OF the liberties of the press
| The press is a power. What has Mr. Thrum done
towards stamping out this dire calamity from our
district Which of them is the quacl, Thrum or
| Fitch? "By their deeds ye shall know them. +"
| Has Thrum presented any tangible evidences Of
his theory? I agree that if the liberties Of the
| press were muzzed it would be detrimental to
the public interests. Is not Fitch the victim Of
a despotism of the press, and for which he
brings the press before the bar for Justice? Mr..
Daggett Minister Resident of our powerful
neighbor, the United States, in his Introductory
remarks in opening the exercises Of the Ameri-
cans a few days ago, July 4th, pleased 10
say: " i see before me representatives of nearly
all the nationalites of the world - Germans,
Scandinavians, Englishmen, Irishmen aud the
gentle Hawaiian, who comes here with his kindly
aloha to welcome the strangers within his
gates" II Mr.. Daggett had ransacked the vo-
cabulary he could not have found more appro-
pirate word than gentle " to describe the native
character. Shall not we, strangers within his
gates, extend our kindly our heartest
and shto him, and endeavor by every act 10 aid
ward off nd Analiy' start. our every energy to
which threatens hls national existence2 I"tike
it that it is a duty incumbent on every one OF US
to do so. Has not DR.. Fitch done this7 What
has Mr. Thrum done looking to this concusion2
fI,ou rif nd mi
fishing of such articles as those from tho com
Portable editorial room, while Fitch exposes him
self to many inconveniences of travel and tho risk
of being poisoned himself by this terrible malady.
| ask you to consider the whole subject, not only
from personal standpoint, but from n national
standpoint, and there is nothing left for mo but
to add my thanks for your patience and attention,
and / leave the case with you.
His Honor, the Chief Justice summed up
follows:
Gentlemen This trial has been protracted
longer than usual, and particular attention has
been paid to it throughout by large audiences.
The Court has frequently tried cases of murder
and other heinous crimes, in which no interest
whatever was evinced by the public; in fact, not
even a newspaper reporter was present, whereas
this case has excited particular interest for two
national character. With this view the Court
sympathizes. 1t is difficult to conceive "a
question Of more importance than question of
national health. In order to have a correct idea
of the issues you have to try, shall present them
to you separately. 1t is a criminal prosecution,
and one which the law justifes. 1t il not an
action for slander. Slander consists of words
spoken. Libel has been established rs II crimi-
nal offense in our Penal Code since 1850.
ought to say that because DIR. Fitch employs
counsel, it ought not 10 weigh against him. II
is not at all inappropriate. With regald 20 the
several issues: First, it is essential that the
jury satisfied that the article which appeared
in the Saturday Press OF the 9th Of May meant
DIR. Fitch. In discussing this you must take tho
whole Of the article into consideration. and
whether it is libelous. " A libel is publication
in wr ting, print, or by picture. statute, sign,
or n representation other than by words merely
spoken, which directly tend 10 injure the fame,
good name of another person, and
to bring him into disgrace, adherence. odum,
hatred, contempt ridcule, to cause him 10
be excluded from society" 1t seems strange
that the defendant should plead not guilty, ana
at the same time plead justification by trying 10
prove the truth Of the allegations, but this tho
law allows. charge that il you arc Of the
opinion that the article does not allude 10 DR..
Fitch you will find a verdict Of not guilty.
Your attention will be called to the Justification
of whether the terms and epithets applied 10 Dr.
Fitch have been proved TO be true to y1ur Aatia-
faction II 30 proved by the testimony, aud
made with justiaable end, then you will find a
verdict of not guilty.
There His Honor quoted from section five Of
the Penal Code.l
Suppose it to be perfectly true that n who
Ii in this country, and who committed a felony
in his early life, but whose conduct has been ex-
emplary ever since, it would be a libel TO rake
mp and publish the crine with malicious intent,
as it would be difficult to show that such publi-
cation was made for good end. I ought 10 say
further that II you And by the words In the OK
pressions used, that it WAS the int snton Of Mr.
Thrum to apply them 10 DR.. Fitch il is for you
to consider what is the effect Of those words IL
untrue, and would they noI tend TO bring DR..
Fitch into disgrace and odium. II you find ia
reviewing the testimony that the main intent OF
the article is true, / think you will have no diff
fculty in deciding that 1t was done for a good
motive; that is to say, II newspaper pretends 20
have an influence at all, it is q duty that do
wolves upon the press to expose charlatans,
quacks and ignorant pretenders II they do
exist.
The Office Of medical superintendent is an inn
portant one, not only TO Hawaiians, but IL can
not be over estimated by the foreign population
If the Islands became plague spot il will be TO
the interests of all residents to try and stamp II
ont. If the medical superintendent by his
works, or published articles and letters on lep-
rosy, shall induce the public to believe that
syphilis and leprosy identical what would
be the result (? Would not persons who
leading moral lives be no longer in fear Of either
disease, believing that they were not likely to
take it by incubation and thus expose them
selves? What is the meaning Of the article
ferred to, if it meant that his theory was a delu-
sion and a snare, would not the newspapers be
justified in calling him quack, charlatan and
an ignorant pretender? ? You must be satisfied
that DR.. Fitch's theory is that the two diseases
are Identical and that it is true stated by the
other medical gentlemen that they have no af-