The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-12-28

exceptions or the bill of exceptions.
( and order both stricken from the files
, It seems 10 me that | should ask you
now, Mr.. Davis, what you have TO sug-
| gest as TO why you should not be fined
! for contempt of court?
By Mr.. Davis.-I have said all I am
/ going TO say. | have nothing to say.
BY the court.-Then l adjudge you
guilty of contempt OF court in the use
/ Of contumelious and disrespectful Ian
guage in the alleged exceptions of and
! concerning this court. l must confess
| that my patience has been sorely tried
! by your conduct, Mr.. Davis, and
! BY Mr.. Davis.-And so has mine.
| You set that verdict aside on the
ground of legal prejudice and bias.
| have the right to say now to you here,
/ face to face, and man to man, that
| those exceptions are not impertinent
and scandalous, but are proper grounds
/ of appeal. You have set aside every
verdict of mine obtained during the
| last term of court, and l am now will
ing to take such punishment. and am
willing TO submit to any trial. to be
Inundated, and TO be disbarred by
| your act; to take my punishment in
| jail if necessary, but | will never ack-
l say now that you are actuated by
malice and swayed by passion in deal
ing with me. You got me in here up
| on these exceptions to inflict your ma
lice upon me. [ have pointed out to
you the Missouri case deciding how I
could get my case before the Supreme
court. That is all those exceptions
contain. and yet, you adjudge me
guilty of contempt. You can fine me
for contempt and put me in Jail, but
you cannot stifie my manhood by an
act OF yours, and whatever punishment
you inflict l will leave for time to re-
move. There has been two trials of
this case, and the verdicts of two
Juries have been in my favor. and you.
Judge Perry, have set them both aside.
Punish me for contempt if YOU will.
but do not add insult to injury though
you are judge. You have no right
to crOsS-eXamine me as you have done.
ana try TO extract statements from me
lhlS is not a court of cessation in
france. You cannot impugn my honor
and manhood or condemn me to con-
tumely Use your best endeavors now
while you have the opportunity. and I
Will leave it to a humane world and +o
the future to say whether YOU or are
right. L knew that you intended to do
TINS because you set aside the verdict
Tor improper grounds and reasons. II
am prepared to say. it. Understand me
am no coward. This is not the first
time you and I have met. and we have
met now for the last time T am mr..
pared TO take my punishment.
BY the COURT think a separate.
cause for contempt has now been
shown. For the contempt | spoke of in
the use of cOntumeliOuS and disrespect-
ful language in the exceptions I SEN
tence you to pay fine of fifty dollars.
MI Davis, | now ask you whether YOU
nave any cause to show why Won
should not be punished for contempt
of court for this last cause?
BY Mr. Davis.-None. l have no.
thing to say. Do your worst
By the court adjudge you guilty
of contempt of court in the use of con-
tumelious and disrespectful language
IN your conduct and manner to the
court in it's presence now. / had hoped
that you would not compel me to visit
a more severe penalty on you at this
time. Tomorrow is Christmas. and
BY Mr.. Davis-Oh, never mind about
tomorrow being Christmas You pro-
pose to take my liberty away. but be-
fore you do it don't talk about Christ
mas. Don't let the anniversary of the
birth of our Saviour. who brought
peace on earth. good will to men, deter
you from your purpose, for even Ra-
phael could not depict the Christ on
canvas when he had the image of a
Judas in his mind. From you I en-
pect no mercy.
BY the court consider this con-
tinued statement of threats an attempt
TO compel the court to desist from do
ing its duty, but I shall not be influenc-
ed by any such threats.
By Mr.. Davfs.-There are no threats
By the court.-FOr this last contempt
of court I sentence you to ten days i'm
prisonment, this sentence to take effect
on the completion of the former sen
tence of fifty dollars.
BY Mr.. Davis.-Thank you. I shall
spend my Christmas in jail praying to
God that he may make a better man
of you.
BY the court.-Mr. Bailiff, you will
take Mr. Davis in charge.
BY Mr. Davis.-May I ask, after
purging my contempt, will I be given
leave to file new exceptions. I now
move that your Honor allow me twenty
days in which to perfect my exceptions
in this case. l expect to spend ten
days in Jail.
BY the court certainly will. At
plaintiffs request I allow twenty days
in which to perfect his exceptions.
BY Mr.. Davis.-WeIl, Judge, I hope
you will have a merry Christmas. I
know I shall.
The above places the case before the
public just as it is or was. The rec
ord. verbatim. is published by permis-