The Hawaiian gazette., 1893-04-11

tice Moreover, this appearance be
fore the Council was before the 18th
The period between the 18th and l7tt
must be accounted for, and the rules
of criminal evidence must be strictly
followed.
President Dole so ruled.
Mr.. Brown Sworn testified that he
was present when Mr.. Sheldon was
brought before the Council on the
warrant. He admitted then that he
was editor of the HOlomua.
CroSs-examined He was pretty full
but sensible enough 10 have his state
ments believed in 4 matter affecting
his liberty. He did not state that he
was cognizant of the nature of the
articles before they were printed.
J. B. Castle Sworn: Am secretary
of the Council. Subscribe for papers
for the Council. This (the Holomua)
is one of them. | have had much
trouble in getting this paper, they
having no regular delivery. Think |
received this number in the ordinary
course. Think / had made ar
judgements before this date about
their delivery.
| Cross-examined: Can't say exactly
where / got this paper. Remember
something about telephoning to them,
and to Ka Leo. Can't say positively
where got this number. | either got
this number at the office or they de-
| livered it. ! know Of my own know
ledge that there were other copies of
the paper of the l4th circulated. One
was brought into the Council. Don't
think of any others.
II. Waterhouse Sworn testified
that numbers Of the issue OF the 18th
were circulated. He had bought some
at their Office and seen others.
Mr.. Ashford argued that it was not
proved that the defendant had any
thing to do with the publication of
these particular articles, nor that he
was editor of the paper on that day,
both of which must be amply proved
1t was contrary TO the current of re-
cent decisions TO hold an editor re-
spousible for everything which appears
in paper, whether he had any know
ledge Of it or not. He cOutended that
in this country, where there was 4
dual system, il could not be assumed
that the editor Of the native was the
editor Of the English version. No
of the English version. He
claimed there was 4 good defense un-
der Act 10. Il was entitled: An Act
relating To eOntempts; but the word
contempt did not occur in it. "COn-
temptuous and disorderly behavior
meant in the presence of the Council. |
Then it said lower in the distinctive,
''or'' who should publish any false |
report Of the proceedings of the COun-
ell; and lower down, ''or' insulting /
comments on the same. The words /
"the same" plainly refer to the pro-
eeedings of the Council, not to the !
Council itself. But no cOntempt of /
the proceedings OF the Council is
charged, but only against the Council
it elf, which the Act does not make
an ofense. 1t would not be contended
that the reference to the Commission
ers was comment on the Council.
In the same way the statement that
the Council did not represent the peo-
pie plainly did not come within the
prohibition Of insulting comments on
the proceedings of the Council. He
did not mean to say anything to in
lure the feelings of any member of the
Council. No doubt the expression re-
yarding the sickly child of the union
the bankrupt planters and
L Stevens must be very offensive to |
he feelings of those referred to, but |
lid il come within the view of the |
aw? He contended that it did not.
The same thing could be said of the |
emaTk about the illegitimate kid |
which needed extra nursing. The
"a M -r4srsag r,Iunra-S IA
lot mean the Council. That was not
implied. He supposed the child re
erred to was the Provisional Govern
nent.
Mr.. Brown. Does it not rather re- {
ar to the Protectorate?J
Mr.. Ashford think not. The Pro- E
isiOnal Government is referred to
Ow. The Councils are not the Pro
isiOnal Government. 1t was not the
uncil which established the Protect
rate. II was Mr.. J. L. Stevens. he
of the Protectorate was I
pom the request OF the Government a
i true, but the work was that of =
IT. Stevens. That might seem tech I
iCal TO laymen but the law was a
;ience of technic4Iities, aud these i
lust be satisfied before anyone could
e deprived OF his life or liberty. No
Oubt the articles were an insult to q
Ir. Stevens and Capt ain Wiltse, but q
ley were not members Of this Council. | o.
: TO the last paragraph, there was
othing in il to identify the handful p
bankrupt adventures with the z
Ouncil. 1t seemed to him that ev-
-ything in the articles taken togeth-
: would show the contrary. He q
Ould suggest some reasons why the
,urse of the Council was not polite ="
he defendant was brought before
arsOns who were at once, judge wit
ess and accuser. 1t behOOved them n
proceed with great caution. 1t was do
lt public policy to punish every in NJ
lit to members of the Council, with e
II jury or regular process of law, but W
My 10 prevent the proceedings Of the g
Ouncil from being brought into con- th
mpt and parsiyZed in their func- Ill
Gus If the insult had occurred right W
ere. it might be wise to infict pun al
hment, but as it was, to insist upon n
lnishment would override many OF co
e highest sanctions and guarantees Cd
right If the Council could not Tl
oceed with its duties, the case would be
/. different, but that was not the ha
Sc III this was a libel or n se0itiOus ! of