The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-07-03
the CONTEMPT CASE.
Atterney-General Ashford Sentence
ed to One Days Imprisonment
He submits Under PrOtest.

Gu ~ Vne may N
He submits Under Protest.
AT the opening of the Supreme
Court at 10 O'Clock this morning
there was large attendance of mem
bers of the bar and the public. The
answer of the Attorney-General to
the citation of contempt was due at
that hour.
Mr.. A. S. Hartwell, counsel for
tue Acknowledgement, promptly be-
gan his argument fer discharge of
the rule 10 show cause. He held
that no disrespect to the Court had
been intended, but the Attorney
General had taken the course in
question to procure what he deemed
the rights of his office. Mr.. Hart
we'll told the story of the famous
Rufus Choate's stage whisper in the
Massachusetts Court, that the Chief
Justice might be very fine man
but he knew no law. There was
never any idea that Choate meant
disrespect to the Court in this over
heard remark. Mr.. Hartwell con-
Guided by asking for the discharge
of the rule.
Judge McCully recited the cir
cumstances of this case as previous
ly published, ending in the Attor-
ney-General's remark that if he
could not control prosecutions in his
own department, he could not con-
duct any prosecutions in the Court.
1t was Incredible to the Court that
public officer should declare in
open Court that he would not per-
form the duties of his office in Court
The idea conveyed to his mind was
that disrespect was shown 10 the
Court. Then, when the Deputy
Attorney-General, Mr.. Peterson,
later in the day announced that his
instructions frem his superior were
to proceed with no criminal business
until the demand for nolle prose-
| qui was granted, there was no fur
Their room for misunderstanding the
conduct Of the Attorney-G eneral.
The business of the Court was
brought to dead standsti!l by the
mandate of the Attorney General
until the Court exercised its author
ity by making arrangements for the
conducting of the criminal business.
He could not find otherwise than
that the Acknowledgement was guilty
of contempt.
Mr.. HartweTl asked leave before
final Judgment to submit atiidavits
on behalf of his client.
The Court could not see that the
aflidavits were admissible in such Il
case, where the occurrences took
place in open Court and there was
no chance for misunderstanding. In
reply to further argument of Mr..
Hartwell, the Court stated its I'M
willingness to file any counter alfi-
davits to those of the Attorney
General. He found the Attorney
General guilty of contempt, and
said the sentence of the Court was
that he, the Attorney General, G.
w. Ashford, be imprisoned fol-
twenty-four hours. The execution
of this sentence would, however, be
suspended until the Attorncy-Gen-
eral had an opportunity of purging
himself from the contempt, which
he could do to-day between 80 ant
2 O'Clock by Withdrawing theremark,
for which he had been adjudge(
guilty thereof.
Mr.. Hartwell asked leave to enter
an appeal against the judgment o.
the Court.
The Court said it could not allow
an appeal in the case.
Other business was then proceed
ed with.
At few minutes of two O'Clock
His Excellency the Attorney-Gen
eral entered the chamber and having
advanced TO the bar read the follow,
ing statement:
SUPREME COURT OF THE HAwAuAS
ISLANDS, JULY TERM, 1889.
In the matter of the rule for C.,
W. Ashford, Attorney General, t.
show cause why he is not in con,
tempt of this Court. Before Mr..
Justice McCully.
Statement of the Attorney-Gen,
eral:
On the morning Of July LIST,
claimed that had the right to nole
pros. a case then before the Court.
This claim i still maintain to be
right, and good law.
claim that have the legal right
to nolle pros. any criminal case
which comes before the Court. |
hereby state that / do not therefore
consider that any refusal TO present
any case is contempt of Court, but
do further state that L con-
slider that my refusal to proceed
with any further prosecutions was
not cODfOrmable In the host intaraets