The Hawaiian gazette., 1889-07-23
SUPREME COURT.
azrosz MS g,Soa 1v~rea x,oruv

cssoS1 MS sJoNOS @C>ucS N,cCllN
The Nics ", Z, \. psaS. to~ Gbe,.
TGs> ;r1S, Ms hs& o0 the 18Th ;aS;..
when the following instructions were
gwen by the Court II the Jury
pan The admission a. counsel io-
the defendant virtually 3 PIES o: guilty.
y7os, SIZE instructed u find the defendant
guilty. and the only question : whether
Z >'&-. be II tue ms q second iSErSe
Tue ,Sw does no; define wha. ca-S:i-
mites The csr>s and vh&. The SScoui de-
-ree>- ! wsa re&i the penalties me
>,-lcSi t1-S&ch degree. viz. 'IuuriSor-
-Cac' $, h&CI }at2s -: 10 exceed one
v5.r O s. me NJ. % SNcSsG one thousand
-,1-.&->. u the ti->, degree: inu-iSor-
--s,-. - hard l&ho- 10. to eNreti three
months, o. = tine 10, - exceed three
..cC1TsC dollars, II the second degree,
5--st u : n -.ls discretion q the Court in
either C2>s 10 make !: tine Ct Imur:>on-
-le~-- IN s5-he- case the minimum fine
or Imprisonment : 10; named in the
statute
"YcG VIII determine the &esvee -,
co-.slc- - y1,c- view q the a--rAy4t:on
q the c.>e
Inc Jury b-oGSh: IN : verde. u .li.-v
IN the second degree; and Mr.. +. VI.
HATCH one u the DESCENDANTS atrorusvS.
asked me Court - impose $ li.h; sen
Tense = There w4S 10 acquaintance be
tween the parties. II. auy Intention On
The pGrC q defendant - 10 wrou-.
his Honor II passing the sentence q
he Court, &iirsSSsi the defendant Is
-rr'NyS
Ms. D,A>, Yen are beiare the Corr.
= receive sentence to- criminal libel.
The @rtic.e which yOl published in vour
newspaper the 20 LE:>1 Hawaiiauo." IN
&rtIc.a written by yourself On the basis OF
: letter received from : correspondent.
as injurious and ieiamz,o-y in high
degree. Il would naturally intiic: great
pain &ri sScice II the minis q the Per
SINS and families referred 10 III almost
Cnooliroi.Sbte Indignation l give no
Synopsis Q; the article here because l
~.>a 70 give !. 10 further publication
:hzn !. hAS already had
Il seems 70 NE 20 De entirely such !
CGse s. ICStltsS ! resort 10 criminal pro-
>sc-:I1l for yIniicaEi0n q character.
Inc proofs offered have completely met
the caluunIous statements and rehec-
lions q yolr ArCicla. Ii Is no legal iusti-
ic=s:ion 70 you that the matter was turn
shed by correspondent. and i. : but
little mo1al Justification either The
e1l.CE u newspaper cannot excuse him
Sst toE adopting lIbsllous statements OF
correspondents. He should no. use his
1-ce = csCSo- a public morals until
II hiss authenticated the facts on which
he p-oCoCncsS MS csCSGre. The letter
O me correspondent w4S alm0s. in
without your publication Of IL (
Inc E7--iS q newspaper such = YOURS .
:. circulating through che whole Portu- .
c-=Se community u this kingdom, point 1
IN without misunderstanding % certain l
4lt charging highly disgrace !
.Cl conduct 10 them, have NJ light effect. /
! cannot gauge the Sensioility Of the per /
s1-S who 4re Affected IN this instance,
out l Judge that the ztIaca Is calculated /
70 Il1lct the deepest nsut&l pain.
BIT while I yieE the ofeESe 10 DC /
: aggravated = any which could De /
considered = within the second degree. !
= the IIEy h1S estimated this 70 De, | /
shaI II. impose the highest penalty OF 1
.le lsE tlE th4l degree, nlr the most 1
ssyere to.n u that penalty, which would 4
q Imprisonment.
l consider that the csnSure involved in 1
he c31Ticii0l u the OfsnSe must Be ielt 4
= : Ssysrs punishment by gentleman 4
=iI.IlZ : Newspaper. and this Censure, /
moreover, which Cle Court MSS with de- 4
liberation expressed : punishment. |
Inc El= ID De imposed vii lC- Be r.
s=iyei by the parties injured The ends
/ public justice may 5S satisfied IN this
,s-Se tv : fine u oGe hundred ali fifty
i1--zrS- which : hereoy imposed.