The Hawaiian gazette., 1896-02-21

and highly ipcen-ed. All of the
statements, except the conclusion
drawn from the fret, are statements
Of facts, are trus,. and can be easily
verified 10y any one who undertakes
the task
The GAZETTE seeks to answer
these statements OF fact with personal
abuse of ne writer II this wNe q
suffi len answer, or if thereby tSe,e
facts couId he changed or modified, oil
if more al tb, >aui- iu kind woult
even tend to accomplish the desired
end, the writer will give upon request
the names of papers aud individuals
who will furnish columns of similar
stuff, and no one would be better
pleased than the writer to see the re
suit accomplished.
Il Abuse is DO argument; it is priv
ege scceded to 4nd taken 10y those
having no argument to present TO
sustain their cause; it is the last
resort of II desyera man in u des-
perate case, AMI even if all that was
said by the GAZETTE was true
how can it change the status of things
that does hot rest solely i'll the mind
of the writer. TIE Hawaiians from
one end OF these island to the Other
are aroused and indignant az ''.s out
RACES visited upon them. hOw can
abuse of one who sees, feels, knows
and then simply recoIda these facts
change or modify the existing status?
The writer has no part or parcel III
this Government, has uothiug at
stake, hopes for no reward, would
naturally feel kindly toward the SUI
premacy of the Americans, 50 that no
personal or sinister motive cau he
ascribed. The facts stated may be
unpalaiable. Is it not better 10
remedy the error than to Witty one
who stated the truth?
AS to the personal matter we will
only say few words, and 1T is tue
first time we have offered any expia-
nation for print. Ia the first place
there never were seventeen or any
Indictment whatever presented
against this writer in Montana or any
other place or State. We DO not
think Mr.. Pemberton ever wrote SUCH
statement for the records of all the
courts of Montana will show the I'm
truthfulness OF this.
We have never seen the order made
and referred to, being IN Portland
when il was rendered aud coming
thence direct to Honolulu, but admit
ting the statement published 10y the
GAZETTE to be true, it is not be-
lieved that any court outside of Mon
tana would give the order any recog
milton When taken into consideration
with the recori in the case From it
We must infer that the fifth ground is
the fated one:
IAN attorney altering decree with
a corrupt purpose after it was signed
by the court, and also deirauding
client by negotiating note int, listed
to him by the client for safe-keeping
should be disbarred."
The first part of the finding is
wholly uDsueIaiiied by proof, hot
only by proof out by the findings of
the referee. The alleged change if
made, was absolutely and wholly uu
able to work advantage or to defraud
any one. The curious can find full
statement of the charges in the Pacific
Reporter of February, 1894, and All
examination there will sustain our
allegation that the change could in
jure or defraud no one There is no
charge upon which the second part of
the finding referred to could be found
ed, and the rule undoubtedly is that
each charge must be as certain and
definite as though criminal charge
was being preferred. So we say all
examination of the record, testimony
and report of the referee on file will
show that if the true record was pub
lished no reprehensible conduct can
be imputed.
The testimony and report of the
referee shows no criminal act in any
respect. The additional fact that for.
nearly two years after these charges
were preferred, we lived in Montana,
and no criminal charges were preferred
not even presented against Us, and the
further fact which the records of the
courts OF Montana will show that on
May 5, 1895, we were the attorney
in over fifty cases in the courts OF
Montana, and ia most cases the sole
attorney in the United States Su-
preme and State Courts, civil and
criminal, ranging in amounts in
volved from small amounts 10 over
81 500, 900. That our clients were among
the most responsible aud Influential
people in Montana National banks,
corporations and wealthy men were
our clients, anu during the time of the
tendency of these proceedings the
most substantial part of our cllehtage
came TO US. The last case We were
employed in was in April, 1895, and
was one for the Judge of the District
Court, where the most of these pro
ceedings were had.
Can one be SO corrupt in his profes
sion when his practice grows among
the most careful and conservative
people and those who know him best?
Think you that interests aud estates of
great value would be entrusted to his
care? That Judge of the court who
knows t. e whole history OF the trans
actions would employ him 10 attend
to his matters, that he could have
over fifty cases in the courts of the
State, over twenty five of them in the
same court that made this order, and
most of these ca-es those in which he
was employed after these charges
were preferred?
Yet all these are facts which the
records of Montana courts will dis
close; and more, we hold certificates
of admission to practice in the courts
of several other States and in the
United States court. Montana is only