Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1897-02-18
JUDGE FERRY ZINES ArrORNEy
DAVIS TwENTY.FIvE DOLLARS.
midnight Episode In the circuit Court
-rhe OTcnse I'm Remarks
ON Evidence.

A. Davis, attorney for the defend
ant, to the bar and required him
forthwith to show cause why he
should not be committed for con.
tempt of court.
Mr.. Davis asked for a specifica-
ton of the charge, what language
he had held to the court which
could be construed as contempt.
Judge Perry answered that il
was not so much in actual words,
but in their effect and, especially,
in his bearing and conduct, that
he had offended. Ii 1t were the
first or the second time he might
let it pass, but Mr.. Davis had
been a persistent offender, and
the Court could not do less than
fine him twenty five dollars.
E. P. Dole, Deputy Attorney
General, had in the meantime in
terjected q plea for leniency, say
ing that Mr.. Davis's faults were
those of a generous and impulsive
nature. He was interrupted by
Mr.. Davis once, saying he wanted
nobody to plead mercy for
him. If he was shown
to be guilty he would take his
punishment.
Mr.. Davis, on hearing the SEN
tence of the Court, asked if he
would be allowed until next
morning to pay the fine. Then
rising he pulled out his pocket
book and, producing currency
bill, said he would pay the fine
now. He laid the bill on Clerk
Thompson's desk, saying he paid
the fine under protest and appeal
ed to the Supreme Court. The
Court had not noted the alleged
contempt when it was committed,
he said, and he had obeyed the
Court when checked in his argu-
ment.
Judge Perry handed down
mittimus to the clerk, giving the of.
Tending attorney into the custody
of the Marshal until the fine was
paid. Marshal Brown was pre-
sent as consulting counsel in the
opium case. At this juncture Mr..
Davis took back his money, say
ing he would rely on a writ of
habeas corpus for bringing the
matter before the Supreme Court.
Judge Perry then retired to his
room.
Mr.. Davis afterward came out
into the lobby, where the prose-
cutting counsel and newspaper
men, with witnesses and specta.
tors of the trial, were cougregated.
Addressing the BULLETIN repre-
sentative in the hearing of all he
said:
81 want to give you the cir
cumstances of this affair, so that L
may send papers with a true &C
count of it home. One Xavier an
informer gave evidence of a con.
versation he had with Morris
year or 80 before the alleged i'm
portation of opium. 1 objected
that it was not evidence in this
case, and would not be accepted
as evidence in such case in
either America or England. For
this Judge Perry has fined me
$25."
Mr.. Davis wondered what hard
labor Mr.. Low would put him at
if he went to Jail. The BULLETIN
man ventured to offer the Govern
ment so cents day for his SER
vices in writing editorials on an
nexation or Jurisprudence, while
the payer of the wages took vaca-
ton trip to Hilo. Marshal Brown
retreated before the approach of
the aggrieved attorney through
window opening on the balcony.
Mr.. Davis returned to the court
room and drew up an affidavit Of
the contempt proceedings which
he swore to before the clerk.
This he asked leave to file in
court when Judge Perry had dis
charged the jury on their dis
agreement about III o'clock. Mr..
Davis cited the law of contempt,
where it showed that the offense
could be purged, for instance, by
showing absence of intent or by
apology. He would apologize to
the Court, and now did SO, for
saying that evidence admitted by
the Court was not evil
dence. AS matter of fact, he