The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-10-29

hOy -OCuGIdl cO0SlQoToO
That little need be said. MIR. Bush s
own evidence stamped him as being re-
sponslble. His peculiar religious tenets
influence the Office. The identity Of
type he has endeavored to explain. Ex-
tended argument would be a waste of
breath. Another point is that printers
are paid out of one fund. Mr.. Achi is
speclhc In his statement, Mr.. Bush is
less specific In his denial and does not
lmpeach statement of Mr.. Achi, the arti-
Giles cited were in direct violation Of Sec
ton IL chapter 20 of the Penal Code.
The speaker also quoted Rapalie on con-
tempts sections %, %, "a and Sc and
cited case of Sturoc 4S New Hampshire
428.
Substance OF remarks of Court in re
contempt J. E. Bush. Am fully aware
OF great power invested in the Court. 1t
is one the Court has FORTS protection of
the jury and to insure that there shall
DE no improper influence exerted
through the public press for purpose
OF prejudicing the public or to obstruct adj
ministration of justice
prefer not to take into consideration
any of the items leveled at me as presiding
officer of the Court 1t is quite an &C.
cident that preside this term, it is not
my regular term, Judge McCully asked
me in July to allow him to take that
term and cast the October term
upon me.
So far as the first question is concerned
regarding the responsibility of Mr.. Bush
for the articles published in the "Leo o
Ka Lahui" am of the opinion that it
has been proved to my satisfaction that
he is responsible for the articles,
although quite impossible for an editor to
write all articles himself. He is co-pro-
prietor and entitled to share of what
ever profits are made, and it is under
same administration and same response
bility have no doubt whatever. Makes
the case little worse for Mr.. Bush to put
forward couple of insignificant men
like Mr.. Mika Sobe and S. P. Kanoa as
the responsible editors but that will not
weigh in my mind.
He admits his responsibility for the
leader published in Ka Oiaio and Leo
o Ka Lahui on the 25th inst. The first
lines show it is comment on proceed
ings in pending trials, that gives Court
Jurisdiction, and the language used in
which he characteriZes people, the nine.
tenths of the populace who sympathize
is one who sacrificed his liberty for love
of country and that they are Christians,
the other one tenth who take the other
view are numbering Anti Christs."
The law invites fair criticism of all do
ings in Court, but where a newspaper
by it's articles and by its editorials as
we'll as its items publishes material
which tends to make a jury feel that
they would be doing what is wrong, and
what is unchristian and would be MUIR
dering anti Christs or what is unpopular
by convicting a man even if he is proved
guilty l think that is different, the law
most decidedly forbids it.
This case is not subject to appeal,
which reason makes me more inclined
to take merciful view of the case.
The extreme penalty Of the law is
three months imprisonment and one
hundred dollars fine in the discretion
of the Court.
The sentence of the Court is that Mr..
Bush be fined one hundred dollars and
costs of this proceeding.
His Honor now stated that the next
case was the King vs.. Wilcox and asked
if Wilcox was in Court. Marshal Soper
retired and returned quickly with the
defendant. His Honor then instructed
the Clerk to draw the jury which was
done and they were sworn. Examina-
ton of the Jury was undertaken by De-
putty Attorney General Peterson.
Harbottle-I was one of the panel at
the last trial of the defendant.
Deputy Observation-Disclosures
to the sitting of any jurors who sat on
former case.
Mr.. Rosa-Objected to the granting
of any such motion.
The Court-Thought that juror who
had sat for the larger part of three days
and heard evidence is disqualified and
shall SO rule "You NAV stand aside
Mr.. Harbottle."
A. N. Gilman, w. r. Holt, Inoa,
Mahoe. Bright, and Kawaiahoa, Luhila-
HUI, were regarded by the Court as thus
disqualified, having sat on previous
trial.
Kuahihane was excused on account OF
being government school master.
D. P. Kellett's opinion was the same
| as formerly; evidence could not change.
Excused.
The Clerk now stated that the panel
was exhausted and the Court ordered
the Marshal to obtain more talesmen.
CD. Maili was excused on ground
that he was bail for a relative arrested
on same charge as defendant.
John Ena--Had fixed opinion which
evidence could not change and he wa:
excused.
G. K. Kapaialii-Was in the same
condition that he was at former tria
| wiz: believed defendant not guilty
and he was excused.
M. P. Robinson-Had same opinion
as before expressed and he was excused
J. Maii-Was excused because he haC
not answered ingenuously.
D. Kauhanui-Was excused on &C
count of liability to be moved by othe
influences than the law and the evi
dence.
John Gilliland-Had fixed opinion
testimony would not change. Excused
Talesmen were continually called tt
supply vacancies and at II O'Clock Hi
Honor ordered recess until 80 p. 10
AFTERNOON SESSION.
Court re-convened from recess at 3
o'clock, and the examination of juror
was continued.
Lohilani-To Mr.. Peterson. Live {
, Moanalua; am a farmer; was at HON
t July Goth; 1 have heard what took plac
= July 30th; have not spoken with an
one since; have read the papers; am
3 subscriber and also carrier of papers
4 am carrier of Pae Alma; no impressio
! made from what have read; am so
: of a member of a political association