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

cial Circuit. Hawaiian Islands.
Before Perry, J., at Chambers.
In the matter of the contempt of
Geo. A. Davis.
After argument of counsel for both
plaintiff and defendant on exceptions
and bill of exceptions in the case of
F. F. Porter vs.. the Hawaiian Pork
Packing Company, the following pro-
ceedings were had before the court,
to-wit:
BY the cOurt.-Do l understand, Mr..
Davis, that you mean to say this is a
proper form in which to prepare bill
of exceptions. to interweave so much
that is pure argument to say the least?
BY Mr. DayiS| did it because |
wished to present and to make full
presentation of the case before the
Supreme Court.
By the cOurt.-Is it 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.. Davis-Surely L have the
right to refer to everything that |
think will bear favOrably for me, and
that is all l have done. Suppose had
taken a general exception and there is
nothing on the record before the Sup
rene court to show that | took any
exception. Are not the reasons of the
exceptions, and the grounds, necessary
to be stated when l go up? Why
should anything be suppressed from
the Supreme court? If there was not
an arbitrary exercise of power WHY
should the objections or exceptions be
: I
bound to state the reasons why I be-
lieve it was an arbitrary exercise of
judicial power. 1 have cast no reflec-
tions on the character of the judge
All | say is that. under the evidence
/ believe it 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 is this: I purpose
to argue to the Supreme court that the
case was not tried in time 1t was the
first case on the foreign jury calendar.
Second, the fact that you set aside the
verdict shows bias and prejudice on its
face Judicial prejudice is what / mean.
By the court.-Don't you mean that
it was bias and prejudice in favor of
the defendant. corporation? Is that
not what you mean?
BY Mr. Davis.-I am not bound to
say what / think.
By the cOurt-In your affidavit be-
fore the Supreme court you say that.
BY Mr. Davis.-The affidavit before
the Supreme court is not here. / did
not mean that. | mean bias and pre-
judice in setting aside the verdict, that
you were biased and prejudiced in
granting a trial as YOU did.
BY the court-Why do you omit that
charge from the bill of exceptions?
BY Mr. Davis.I don't know, but
that is not what I mean. I am not
here to be cross-examinated if the
court please.
BY the COURT am asking you these
questions for your own benefit, Mr..
Davis
BY Mr. Davis-I mean that you were
biased and preiudiced legally, and it IS
proper ground of exceptions on which
to go to the Supreme court. I can
show you hundreds of cases where it
has been taken ND on that ground
BY the court-What does this mean.
exception u. (reading it,.
BY Mr. Davis.-I mean that the Ian
guage that YOU used cannot be explain
ed away. The language you used in
saying that the verdict was an unjust
one. I purpose to show that you pass
ed beyond your functions as a judge,
and that you had no right to state 10
the jury that the verdict was an un-
just one that you had no right to say
that those twelve men did wrong. You
instructed them in the law. They
were alone responsible for the verdict
returned.
BY the court.-In my opinion both
the exceptions and the bill of eXcep-
tions should be stricken from the files
on the ground that they contain mat
ter irrelevant. impertinent and scanda-
lous. and should have no place in
statement of exceptions or bill of eX-
ceDtiOns There may be one or two
brief statements which. standing alone.
by themselves. might be proper, but,
they are so interviewer with those
that are immatarial and impertinent
that I feel that the burden should not
be cast on the court to try and separ-
ate one from the other. Il is for cOun-
sci TO prepare such a statement of eX-
ceptions and bill of exceptions as is