The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-03-24
elELE LIBEL CASE.
gase FOR tnn s'rntc'ution. acontfnGed
an FaotiOn FOR tti,m issni,

CullOF vi tue Eitlc, WAS Cdilc'l w tIc
Police Court this morning, V. V.
Ashford his coun eel asked for fur
ther particulars of the lihel charged.
He said it vas absurd TO expect the
defense to 80 on under such vague
information.
Justice Foster said counsel had
stated wen Tie case was called last
previously that he would he ready
to-day.
Mr.. Ashford said he had asked
first for u weeks continuance.
c. Creighton, Deputy Marshal,
considered that this point had been
settled. He did not wish to give
the case for the prosecution and
then have q remandncnt 10 enable
counsel to answer.
The examination then proceeded.
Jas. II. Boyd, sworn: l ain clerk
in the Interior Department; this is
the Elele of March ]; have seen
a similar issue, being n subscriber
to the paper; have read that article
through, first on the Monday follow
ing its publication. March 3; The
Minister of Interior, Mr.. 'rhurston,
saw the article.
90 whom does that article
refer?
Mr.. Ashford objects and the ques-
ton is withdrawn.
Q.-Wnat did you think Of the
article?
Mr.. Ashford objects, as the wit
ness is here to state facts and not
give his opinion on hypothetical
point. We might go out and get
400 witnesses off the street to swear
they did not think the article was
libellous.
Objection sustained.
Wi,ness-I handed the paper to
the Minister; l can't say for certain
that he saw the article, but he took
the paper presumably TO rea it
through.
Q.-IIad you any conversation
with Mr.. Thurston about the article?
A.-No.
Mr.. Creighton offers the Elele of
March | in evidence.
Hezekiah Aca, sworn--I write
locals for the Elele and do most of
it's translating; saw the article some
days before publication; translated
1t by Mr.. Johnstone's directions !;
he gave me no further instructions (;
that is the article; think Mr. John
stone has authority to give me or
ders; do not know what his position
is; see him in the office through the
week he writes articles and pays
the hands.
Q.-What kind Of articles does
MIR. tombstone write?
Mr.. Ashford objects as to lead
ing question.
Witness-I know an editorial
when Johnstone tells me an article
is such; think he writes editorials
MIR. Lyons was not in Honolulu on
the LIST of March.
Billy, sworn-I am Office boy in
EIele office; know tombstone and
Lyons; Lyons was away March lst,
away five weeks, just came home
when he was away he left me in
charge of delivering papers; Frank
Lake is in charge of compositors
tombstone is assistant manager, ht
pays off the men.
C.os>-exainined--I don't know
who wrote this article.
j. III. Soprr. sworn---I am Mar
ohal of the Kingdom; know Johns
tone. have had conversation will
him about article in Elel-, | think
week before last, when was wal
Ing Tor car; tombstone spoke OF
having been laid up with In grippe
aud in answer TO IL question said hi
editorial duties at tue Elele Office
r,qur' d his presence.
| Cruss-pXamined-lIe did not sa,
he was editor Of the paper further
tn IN what have stated; | wnul'j
not swear to the exact language,
but that was the substance Of VIVA
he SAID.
Mr.. Creighton offered himself a.
a witness to testify as to his impress
sions on reading the article in ques
ton. His knowledge Of law quail
fed him 10 judge of the article.
| Mr.. Ashford objected, and ate
argument the witness vas allowed
Charles Creighton, sworn-This ar
ticle was submitted to me, and
considered it was
Mr.. Ashford-I strenuously OBJ
ject to witness giving his opinion
The only testimony he can give is a
to injury done to some person.
Justice Foster-I think il the De
putty Marshal considered the articl
llbellous per SC there is no need TO
his testimony.
Mr.. Creighton preferred to Civ
his opinion as witness.
Mr.. Ashford, arguing further, Gil
ed an authority, to which the Cour
objected that 1t referred to civil az
ton, while this case was under
criminal prosecution.
Witness (being allowed to pro
coed subject to ohjection)-rhe al
tlcle charged the Minister of Interi'
with malfeasance Of Office, and WI
therefore libellous.