The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-08-16
The Defense Moves for Dis
missaI.
Full Transcript Of the violence in the
Case.

The preliminary trial Of the libe
case against the ADVERTISER, brought
by "Captlin" Ferguson. was called
yesterday afternoon at 30 o'clock by
Judge Robertson.
Mr.. Charles Creighton presented the
case and read the following charge:
Arthur tombstone is charged with
libel in the first degree in maIiciously
publishing and putting into circula-
ton, for the purpose of making it
known to- others, an article entitled,
HE Has Been There" printed in
THE PACIFIC COMMERCIAL ADVER-
TIsER, a newspaper published in
Honolulu, Oahu, on the 18th day of
August, 1898, of which article the fol-
lowing is a copy Mr.. Creighton reads
aTiclei, which said article, and more
especially that portion Of it which
reads: docs Captain Ferguson think
no one knows about his trip there
with the steamer MOnserrat? l was
in San jose at the time he landed his
load of 'blackbirds,' and / think it
would be safe TO say that he would
find himself in danger if caught alone
with some Of the South Sea Islanders
he landed there. He is said to be
promising the Japanese $40 4 month.
We'll, n dollar in that country is
worth 30 cents in United States coin.
They are called there POGO tempo
dollars, which means 'mahope' dol
lars la Hawaiian. Now / defy Cap
tain Ferguson, or any other person, to
contradict what | state. Contract
labor in Guatemala means traffic in
hume = flesh,' directly intended to
injure the fame, reputation and good
name of Walter III. Ferguson and to
bring him into disgrace, adherence,
odium, hatred, contempt and ridicule.
Judge HartwelI said that the
offanse of libel was unknown to the
law. He wished to know whether
the prosecution intends to rely upon
the charge of making or publishing a
libel. Mr.. Creighton said they relied
upon the charge of publishing libel,
as stated in the complaint. The
charge specifies the Offense.
Judge Robertson said he thought
the charge was sufficient, and asked if
the defense intended to waive eXam!- |
nation.
Judge HartweI said defendant re-
lied upon his rights.
Paul Neumann, sworn: Am SUBJ |
scriber to the ADVERTISER. 1t is a |
paper of large circulation. This is a |
copy of the paper of August II. III. NJ. |
whitney is manager; Arthur john
stone, editor. Am acquainted with |
Captain Ferguson. Am familiar with |
Japanese scheme. Have read article !
in the ADVERTISER. There is but one /
Captain Ferguson; the one sitting |
there. He is the only one connected |
with the Japanese scheme. Have seen
the contracts. This is a blank con-
tract. All are like this, filled in with
name of Captain Ferguson, as agent
Of the Guatemala government, the
names of the Japanese labOrers and
the advances made them and signed.
$40 per month, in United
States gold coin.
Judge Hartwell-Will you point
out where L. 5. gold is stipulated.
Neumann-That is what is meant;
il says SO in gold, doesn't it? L think
the sentence referring to traffic in
human flesh refers to Captain Fergu-
son driving slave trade. (He here
explained the sections mentioning
gold payments in the cOntract.)
Cross examination Il helped to |
draft the contract. / first knew Cap
tain Ferguson nine or ten years ago.
Read Articles and III of contract re-
lating to payments being made in
gold) l nave never examined the
currency statute of Guatemala.
Paper money there is not equivalent
to gold; neither is silver. The differ
ence Is 80 to 81 per cent. Knew L. 5.
decision had been made making legal
payments in paper on gold contracts.
Lots of people had told him what the
statute of Guatemala was. One gen
IL
aim what it was. L know the state
Of the currency there. 1 think the
A ADVERTISER is n joint stock company
Have read the ADVERTISER with in
.erest
H. NJ. Whitney sworn-(Warned by
Judge Robertson that he need not tes-
ify so as TO eliminate himself.)
Know Mr.. tombstone. He is the
editor, as published in the paper.
The editorial department. Is in charge
f the news / am the manager of
he Gazette Company. Mr.. tombstone
: editor in chief.
Cross examination The Gazette
il a general stock company,
with the usual officers. / am presi-
lent OF the company. The Hawaiian
Gazette Publishing Company is the
name of the corporation, and it does
lie publishing of the ADVERTISER
md GAZETTE.
l.. J. Levey sworn: Have been a
subscriber of the ADVERTISER for ten
-ears. 1t was delivered at my house
IN August 18th. l saw the carrier
cave it. Have seen the paper
n town. 1t has large circulation.
Know Ferguson by sight, but have
lever been introduced 10 him. think
he article refers to Captain Ferguson.
Know no other Captain Ferguson.
No cross examination.
Captain Ferguson, sworn: My name
: Walter II. Ferguson. Am a tenn
,OTary resident. Left San Francisco
une Z. by the Australia; got here
-une -. Am the agent of the Guate-
nala government. Left there last
February. Read the article in Neu- (
nann's office at An. on August j. ! :
This is a copy of the contract drawn {
between myself, the Guatemala gov {
eminent and the japanese to be agri-
cultural labOreTs. (Read the provis-
ons relating to payments). This is
he only contract. The so is United ]
states gold coin or its equivalent In {
exchange. The currency of Guatemala
; paper and silver. The bills are guar I
Anteed by the government. Contracts [