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

In re estate OF Hugh Mcintyre, de-
ceased. Petition of J. S. Walker for
allowance of accounts, discharge, and
final order of distribution. Partly heard
and continued. IS. Walker present in
person.
In re estate of Hopu. Petition for let
tiers of administration. The Court ap-
points j. A. Magoon administrator under
$500 bond. J. A. Magoon attorney Tor
Makahio.
OCTOBER TERM.
MONDAY, Oct. %.
The Court convened at a. M, Chief
Justice Judd on the Bench. The case
pending and which was specially set for
hearing was that of John E. Bush cited
for contempt in publishing certain ar
ticles in newspapers of which he was
charged as the responsible editor and
publisher. Acknowledgement Ashford
read the citation and presented exhibits
of the Objectionable articles. The de-
PENDANT presented sworn statement that
he is not nor was at dates mentioned the
editor or publisher of the paper called
the 'Ka Leo ka Lahui," but was pub
Usher and editor of the aka Oiaio," but
claimed that articles published in that
paper did not bring the Court into con-
tempt or the administration of Justice
into odium or ridicule.
The AttOrney-General then presented
evidence TO support the statement of
responsibility of defendant and called:
Mr.. Kane-I know Mr.. Bush; he is
publishing newspaper, the ''Oiaio; ;" it
is printed at his house; know the paper
'Ka Leo o Lahui;" have had converse
ton with him relative to his newspapers !;
he said he thought daily paper would
be good; he did not say he would start a
daily.
Cross-examined Conversation was
held long time ago; Mika Sobe and
KanOa are the published editors of the
'Ka Leo ka Lahui."
w. G. Achi (by AttOrney-General)-I
know Mr.. Bush; he used to have paper
set up in his house, and paper printed at
MIR. Whitney's office; understood that
Mika Sobe and Kanoa are published
editors; | asked him why he put their
names there; thought he should have
placed his own; he said change was
made only temporarily until after the
conspiracy cases were ended; he told
me he was making money out of the
Ike Leo"
Witness (cross-examined by Mr.. Rosa)
The libel for which | have sued Mr.
Bush, first appeared in "Ka Leo" it
afterwards appeared in "Oiaio;" Mr..
Kinney was my counsel; don't know
what paper he charged libel as being
published in; l paid Mr. Bush $10-on
account of a printing press; l told him
that the names of the published editors
were no good; think conversation took
place after July Goth; don't know how
many issues had been published.
Acknowledgement puts in evidence
copies of both papers of October 18th and
25th; showing similarity of articles.
Prosecution then rested.
| Mr.. Rosa then called in defense,
Kanoa, who stated-The editor is Mika
| Sobe; | am his assistant; we are re-
| sponsible; Mr.. Bush has not got any
thing to do with the management; Mr..
Bush is editor and manager of the
"Oiaio;' | take the cash for receipts of
"Ka Leo" do not submit articles to Mr..
Bush for "Ka Leo" we took charge
when "Ka Leo" first came out; lately
have had so much to do Frank Metcalf
has taken my position; on the 25th OF
October Mika Sobe was editor.
Cross-examined, by Mr.. Peterson
am assistant editor; wrote some of the
articles; sometimes Mika Sobe wrote
and again we hired outsiders; as assist
ant editor l know of people who wrote
John Sheldon wrote the two articles
mentioned; he is stakeholder; got a
salary; paid myself and the printers
[ made settlements occasionally with
Mika Sobe and John Sheldon; Bush is
one of the proprietors; sometimes divi-
dends have been paid; Bush, Kanoa
| Mika Sobe, J. Sheldon and Metcalf are
shareholders.
Mr.. Rosa objected to the securing
lead of the questions by counsel.
The Court considered examination
was being conducted properly, and per.
mitted the Deputy Attofney-General t.
proceed.
Witness (continuing)-I put $50 in
type was transferred from one paper tt
the other without change; that practice
is usual; as far as the working and issu
ing goes parties of both papers have beer
considered the same.
John Z. Bush (sworn)-I did no
say to Mr. Achi what he says; first ISSUE
of daily was after July 30th; combina
ton of persons are interested in thu
s'Ka Leo" Mika Sobe and KanOa ar
the responsible editors; am of tn
"Oiaio;" am paid for the printing c
the "Ka Leo" they have paid me TO
the printing of the 'Ka Leo;" [ hol
interest in the paper for my children
the editors of the Ka Leo have neve
submitted their articles but have eau
toned them regarding the trials especi
allv the article in Oiaio of October 25th
/ got the inspiration of the article fror
the Bulletin; in Oiaio of October lit
. also my articles regarding reports {
trials they were translated principal
from the Bulletin; the translations wei
made by John Sheldon; have alWay
supposed that they were correct.
~ Cross-examined by Attorney-Gener;
Am responsible editor of Oiaio; thel
are five issues of the Ka Leo; it is NJ
issued on Saturday being against N
religious tenets.
y Mr.. Rosa submitted that Bush W;
not responsible for publication in the K
Leo o ka Lahui as he had no contr
It over the articles issued; even the art
r cles which appeared in the Oiaio we
t. sometimes without his knowledge
direction; to make Bush responsible
: would, counsel thought, be strainir
5. IA point; to be responsible he shou