Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1898-10-20
ATTORNEY DAVIS EXPLAINS.

your paper there appeared an
item headed Another Tiff" which
1 deem it my duty to answer and
explain. Two japanese were
charged with an ARRAY in the Dis
trict Court, and it so appeared on
the Calendar, but the Deputy
Marshal, on the cases being called,
entered a nolle prosequi in both
cases. The frequent use of which
has called forth urfavorable com
ment from the Bar and Press of
this city. They were then
charged, one with having commit
ted an assault, and the other with
interfering with a policeman who
made the arrest and attempting to
rescue the prisoner. On the trial
the evidence disclosed that both of
the Japs had been assaulted by
the complaining witness who was
a big, powerful man and one of
them had his face dis6gured very
much and that the assault on them
had been committed prior to any
assault which they had made on
the complaining witness. | had
aud still have grave doubts as to
the guilt of both these Japs but
bow to the decision of the Court.
The presiding Magistrate took oc
casion to comment on my conduct
OF the cases for reasons best known
to himself, for L cannot recall,
either act or words, which would
give him cause to com plain. When
the next case was tried in which l
appeared for the defense, being
one of larceny, l simply watched
the case, and at its close appealed,
believing that l did it 10 the best
interest of my client, but | did not
escape unfavorable comment. My
silence did not avail me. | have
no quarrel with the District Ma
gistrs'e of Honolulu, nor do l wish
to unfairly criticize any of his
Judicial acts, but | refuse
to be placed in an unfavorable
light before the public of this city.
The pres ding Judge took occa-
sion to refer to my being fined
for contempt of Court by the Hon.
A. Perry. 1t may be fair to re-
call this unpleasant event, but L
paid my fine on that occasion aud
| felt justified in what L said and
did ou that occasion, but right or
wrong, had hope that the matter
would not be referred to by judges
at least. In the excitement caused
by this remark L did say "that
from Judge Perry and persons of
his class L did not expect any
different treatment" l did not
refer to his race or religion as
some have hiuted. The Portu-
gu Sc have ever treated me with
kindness and consideration aud
don't owe me a dollar, as to how
have entrusted the business they
have entrusted me with, | am
willing they shall be the sole
judges. AT the conclusion of the
triaI of Geo. More, the District
Magistrate remarked that the case
for the prosecution was not very
strong and was simply circum-
-tantlal. L think the duty of thn
Magls trate was plain under the
Statute. Section Ii of the Penal
Cole is as follows: "A party ac-
cused shall be presumed innocent
and in case his guilt is not salts
factorily shown be acquitted"
For five years | have pract ced
my profession in this City. l
have tried to do my duty as a
lawyer aud act honorably toward
all men, and have endeavored to
treat with respect aud considera-
ton presiding judges before whom
| have practlced. 1t is the duty
of the Bench to treat lawyers
with respect aud consideration.
L claim that my professional
record is clean here and elsewhere,
aud | therefore ask that the pub
lie suspend it, judgment as to my
conduct and motives even after
they read accounts of my doings
in courts which are not
fully reported and cannot
be. When one is const ntly
reminded IT the power of a Court
to punish for contempt during the
progress of a criminal trial, in
nine cases out Of ten, the evidence
IS weak. My manner and conduct
of cases may not at all times please
the Court and the prosecution, but
| had no other motive behind than
that OF the faithful performance of
lnIn LlLn nanllnL &c l.E.Iaar l..