The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1888-05-01
CONTEMPT OF COURT.
''HaWaiiam Chinese News ADJ
judged Guilty.

SUPREME COURT, SPECIAL TERM, FEB, 1888.
Before Judd, G.. j., McCully, Preston,
Bickerton and Dole, Judges.
The King VS.. Lee Fook. Application
for attachment against Lum Knm
Cheung, Ching Cheung Ping and H. M.
Whitney, publisher of the Gazette for
contempt.
An opinion to the following effect was
given by Mr.. Justice Preston and &C
quiesced in by the Chief Justice, Associ-
ate Justices McCulley and Bickerton:
On the 9th of January last Lee Fook
was committed for trial at the then next
ensuing term on a charge OF perjury in
swearing to the truth of certain state
ments contained in petition presented
by him to the Chief Justice for writ
of habeas corbus for the release of GER
tain Chinese women and girls alleged to
be unlawfully detained.
On the 18th January Lum Kun
Cheung published in the "Hawaiian
Chinese News OF which he was editor
and manager, proclamation purporting
to be issued by the United Chinese So
ciety, rejecting upon the said Lee Fook.
1t was also published in English in the
daily and weekly editions of the "Hawa-
iian Gazette" on the 18th and oath of
January respectively.
1t was charged and admitted that H M.
Whitney, the publisher of the Gazette"
was instigated by one Ching Cheung Ping
to publish it.
On the application of Lee Fook an Or
der was made by this Court on the 18th
February for the three persons named to
show cause why an attachment should
not issue against them for contempt of
Court.
The article complained of, which was
quoted, was headed Chinese Female
Traffic. Important Proclamation by the
United Chinese Society" The procla-
nation related to the alleged kidnapping
of girls and women in Canton, Hong
kong and other places, for the purpose OF
being shipped to California for immoral
purposes; to the sentence passed upon
Wong Hung in California in connection
with the traffic, and to some of the girls
and women he was accused of kidnap-
ping being returned on the San Pablo
which touched at Honolulu. 1t went on
to reflect upon Lee Fook for the action
he had taken in regard to these females.
Upon argument it was contended that
the mere fact of Lee FOOk having been
committed for trial did not make his
case pending in this Court, and that the
publication was made in good faith and
without any intention to prejudice fair
trial of defendant.
The Court is of opinion that when
person is committed for trial in this
Court the case is at once pending in this
Court. Otherwise it would be impossible
for the Crown or defendant to enforce
the attendance of witnesses until an IN
dictment was found, which would in
many cases prevent the defendant hav-
ing his trial for some months.
The Court is also of opinion that the
publication is unquestiOnably contempt
of Court-according to decisions in other
cases, tending to prejudice the right OF
defendant to just and impartial de-
cision of his case and to embarrass and
obstruct the course of justice.
The respondents having disclaimed
any improper motives, and it appearing
that the defendant has been discharged
by a demurrer to the Indictment allowed,
the Court are not disposed TO infict any
punishment The respondents were ac-
cordingly discharged.