The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-12-30

4
gial Circuit Hawaiian Islands.
Beios Perry J., at Chambers.
In the matter OF the contempt OF
iie0. 4. Davis
After argument OF counsel for both
plaintiff and defendant on exceptions
and bill OF exceptions IN the case OF
D. y, Porter vs. the Hawaiian Pork
Packing Company the following pro-
occdings were had before the court,
fO-Wit:
BY the court Do / understand, Mr.
Davis, that you mean TO say this Is a
proper form In which TO prepare bill
Of exceptions, 10 Intervene so much
that is pure argument TO say the least?
BY Mr.. Davis did IL because ]
wished 90 present and to make a full
presentation Of the case before the
supreme Court
by the courts IL not true that,
with the exception of one or two para
graphs, that a general exception would
have covered all you have here?
by Mr. Dayis-Surely ! have the
right to refer to everything that !
think will bear fayorably for me, and
that is all ] have done. Suppose ] had
taken a general exception and there is
nothing on the record before the Sup
rene court 10 show that ] took any
exception. Are not the reasons OF the
exceptions, and the grounds. necessary
10 be stated when ] go up' Why
should anything be suppressed from
the Supreme court? II there was not
an arbitrary exercise OF power why
should the objections or exceptions be
kept from the Supreme court. ! am
bound 20 state the reasons why be-
lieye Il was an arbitrary exercise Of
judicial power. ! have cast no reflec-
lions on the character OF the Judge.
All ! say is that. under the evidence.
] believe II was an arbitrary exercise
Of judicial power.
by the court--What do you mean by
prejudice and bias" as stated in this
paragraph
BY Mr.. Davis.-It II this: ! purpose
TO argue to the Supreme court that the
case was not tried in time. II was the
first case on the foreign jury calendar
Second. the fact that you set aside the
verdict shows bias and prejudice on IT.
face. Judicial prejudice IL what ! mean
by the court.-Don't you mean that
II was bias and prejudice In favor oi
the defendant, corporation Is that
not what you mean?
By Mr.. Davis am not bound Il
say what think.
by the court.-ln your affidavit be
fore the Supreme court you say that
by Mr.. Dayis.-The affidavit befor,
the Supreme court Is not here. ] dit
not mean that. ] mean bias and pre-
JUDGE in setting aside the verdict. tina
you were biased and prejudiced #
granting a trial as you did.
BY the court-Why do you omit tina
charge from the bill Of exceptions?
BY Mr.. Davis don't know. bu
that r. not what ] mean. am no
here to be cross-eXamlnated II tn
court please.
BY the court am asking you thes
questions for your own benefit Mr.
Davis.
BY Mr.. Davis mean that you wer,
biased and prejudicnd legally. and Il 4
proper ground OF exceptions on which
10 go to the Supreme court. car
show you hundreds OF cases where 1
has been taken ND on that ground.
BY the court.-What does this mean
exception ~. freading ~.
by Mr.. Davis mean that the Ian
guage that you used cannot be explain
I'D away. The language you used II
saying that the verdict was an unjus
one. ] purpose TO show that you pass
ed beyond your functions as a Judge
and that you had no right TO state I,
the jury that the verdict was an un
Just one, that you had no right to sa
that those twelve men did wrong. 70,
instructed them in the Law. The
were alone responsible for the verde
returned
BY the court.-In my opinion bot
the exceptions and the bill OF excep
tions should be stricken from the hle
on the ground that they contain mat
ter irrelevant, impairment and scanda
lous, and should have no place In
statement OF exceptions or bill OF ey
ceptions. There may be one or tw
brief statements which. standing alon,
by themselves. might be proper. bu
they are so interviewer with thos
that are immaterlal and impertiner
that feel that the burden should M
be cast on the court TO try and sepal
ate one from the other. II Ia for coui
sci 10 prepare such a statement OF e,
captions and bin Of exceptions as
proper. ] decline TO allow either n
exceptions or the bill OF exception
and order both stricken from the file
II seems TO me that ! should ask yc
now, Mr. Davis, what you have to SUI
gest as to why you should not be hnt
for contempt OF court?
by Mr.. Davis have said all a
going TO say. ! have nothing TO "a
by the court.-LThen ] adjudge W
guilty OF contempt OF court In the III
Of contumelious and disrespectful lal
guage In the alleged exceptions OF ar
concerning this court. ] must confe
that my patience has been sorely tri'
by your conduct, Mr.. Davis, and
by Mr., Davis.-And so has min
You set that verdict aside on Il
ground OF legal prejudice and bias.
have the right to say now to you her
face to face. and man to man. tn
those exceptions are not impertine
and scandalous, but are proper groun
OF appeal. You have set aside eve
verdict OF mine obtained during Il