The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1891-02-27
THE BUSH CONTEMPT.
Hearing Ia RsancO Um the NeriJH-,
Continued tiii Monday,

Hearing la gsancO wm the NeriJH--
Continued tiIi Monday,
The Supreme Court in banco met
in the court room upstairs at 10
O. clock this morning, Present; Chief
Justice Judd, Associate Justices
McCully, Bickerton and Dole.
Mr.. G. w. Ashford, counsel for
Mr.. j. E. Bush, respondent in cita-
ton for contempt of Court, read the
answer to the rule to show cause, as
follows:
"And now comes the respondent
herein, John f. Bush, and for answer
to the rule issued against him in this
behalf, says that he is not in con
tempt of this Honorable Court for
any Of the causes set forth in the
petition Of the Acknowledgement
herein;
"And respondent expressly denies
that he wrote, authorized, melted, or
knew of the writing Of the article in
said petition complained OF as having
been published in IA Leo ka Lahui
on the 9TH day Of February, 1891;
and denies that he is or was respon-
sible for, or knowing to its pubica-
ton; and denies that he knew, or
had any reason to believe, in advance
of its publication, that said article,
or any similar article, had been writ
ten, or was to be written or publish
ed, and states that he was entirely
ignorant of the publication thereof,
until the afternoon of the 9th day Of
February, 1891.
"Ani as further reason why he
should not be adjudged in contempt
herein, this respondent respectfully
represents unto the Court that the
matters charged against BIN in said
petition constitute, if true, a serious
crime and are such that respondent
is liable to be prosecuted, indicted,
and placed upon trial therefor; that
upon such trial respondent would be
entitled to jury of his countrymen,
and this Honorable Court, though it
may possess the power to thus sum
marily try this respondent, should
not, in justice to respondent, cXer-
else such power, for the reason that
such action on the part Of this Hon
orable Court must necessarily preiu-
dice the rights Of this respondent TO
a fair and impartial trial upon such
charge, before a jury of his peers,
should this respondent be 50 prose-
cuted npOn said charge.
"And for a further reason why
respondent should not be adjudged
in contempt of this Honorable Court
herein upon summary proceedings
before the Honorable Justices there
of, this respondent respectfully re-
presents that the alleged malicious
invectives contained in said article
so published as aforesaid, refer, as
alleged in said petition, to the Honor
able Justices Of this Court; that any
trial of this respondent before said
Honorable Justices, sitting at once
as the injured parIleS ana Judges,
both as to the law and the facts
herein, will be violation of this
respondents right to trial by and
before an impartial and unbiased
tribunal, and violation of the spirit
of our Constitution, which forbids
any person to sit as a judge in
cause wherein he or his relative is an
interested party.
"Wherefore this respondent sub
mits: LIST, that he is not guilty of
any contempt of this Honorable
Court 2d, that he is entitled to u
trial by jury upon the charges con-
tanned in said petition; 3D., that the
Honorable Justices of this Court are
incompetent, under the Constitution,
to sit in Judgment herein, and this
respondent should be discharged"
Mr.. Chas. Creighton appeared for
the Acknowledgement, to request that
the proceedings be continued till
Monday at II O'Clock. The Court
granted the continuation as asked.