The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1899-09-20
WIRE CAUGHT HIS NECK SHIPPERS COMPLAINING MONTHS FOR QNI STATE CALLED FOR CONTEMPT COURT
WILLIAM H. MARSHALL FOUND
GUILTY.
Hearing in the District Court This
Morning-An Appeal Taken-Ball
Fixed at One Thousand Dollars.

william H. Marshall late editor of
the Sunday Volcano, was found guilty
of criminal libel in the first degree this
afternoon by Judge Wilcox and SEN
fenced to six months imprisonment
with hard labor. No defense was offer
ed by Marshalls attorneys. They sub
mttted their case at once when court
opened at half past L and after a brief
argument by Mr.. Weber for the pros
ecution, the judge ordered the prisoner
to stand up.
II have carefully listened to the law
and the evidence in this case" said his
honor, and shall have to find you guilty
on the evidence before me; no defense
has been offered upon the facts brought
forward By the prosecution. Regarding
the punishment, what have you to say
gentlemen?"
II ask for Imprisonment on behalf of
the Government" said Mr.. Weber. I'm
der the circumstances, the case being
such an aggravated one, we do not feel
that fine is adequate. This man has
long continued to publish bitter and
sensational, personal attacks upon men
of high position in this community Not
only in the case of the chief justice has
he printed scurrilous and cowardly
statements, but in many others"
Mr. Cathcart objected to these
charges az being outside of the evidence
and the judge stated that only the pres
ent charge was to be taken into con-
sideration. He then addressed himself
to the prisoner again. He told the lat
ter that he harbored friendly feeling
for him but was compelled to do his
duty We have been friends" said
| the court land / have often mildly
reconstructed with you on account OF
things you have published when l
| thought you Went too far. / cannot
avoid finding you guilty in the first de-
gree and though 1 do not want to be
severe on you, l think that the things
! you said were uncalled for. I sentence
you to Imprisonment with hard labor
J for six months"
| Mr.. Marshall returned to his seat and
Attorney Cathcart asked the judge to
| fix the amount of bail on appeal. A
bond of $1,000 was imposed, n motion
of the defense to make 1t $500 being de-
MED.
In submitting the case when court
convened Attorney Cathcart said that
] he had consulted with his client dur
ing the RECESS and had decided to offer
/ no justif0tion in the way of evidence,
but he had a new legal point to pre-
sent.
I Mr.. Cathcart argued that the printed
matter was not more severe in it's Ian
guage than the legal doctrine of priv
/ LEGGED communication" allows an editor
| to be, in writing about public charac-
| ters.
The William II. Marshall libel case
! was called at 10 o'clock this morning in
/ the district court before Judge Wilcox.
| Mr.. Weber appeared for the prosecution
and Cathcart and Caypless for the de-
fendant. A plea of not guilty was en-
tered.
When ready for trial Mr.. Caypless
moved for jury to hear the case.
Judge Wilcox stated that the law did
not provide for juries in the district
! court The only way to get jury
hearing was by appeal to the circuit
I court Mr.. Caypless insisted upon
jury and showed some heat. The judge
repeated his ruling. Mr.. Caypless con-
tinued to press the point until ordered
by the court to take his seat.
Thomas f.. Wall was the first witness
called by the Government. He said his
firm printed the Volcano for Mr..
Marshall on a written agreement to re-
ceive half of the proceeds. This agree
ment was made for the financial pro-
lection of the firm, and was not consld-
cred to be a partnership. For the Wall,
Nichols Company the publication of
the Sunday Volcano had not been a
financial success. In fact the result
had been such as to disgust the print
ing establishment.
Witness knew Marshall to be editor
of the paper and responsible for its ut
terances Knew that defendant wrote
the matter contained in it. Wall,
! Nichols Company printed the pa
per of August 9th containing the arti-
Gle referring to Chief Justice Judd.
/ Wall, Nichols Company refused
about September 9th to allow the paper
prepared for the following Sunday to
pass through its presses because ii con-
tanned Objectionable matter In it was
a letter from President Mckinley to
Mr.. Marshall.
McKinley's letter was in reply to one
from Marshall, thanking the latter for
his communication, etc, and conSrdtu-
lating him on endeavoring to carry the
flag to the benighted Americans in Ha
wall, as the Honolulu man had stated
he was doing or about to do. At the
end of the letter there had been ad1el
a Volcano paragraph abusing in scurri-
lous terms two prominent business
houses of Honolulu, one of which was
/ H. Hackfeld & Company.
1t was on account of this addition
that witness would not allow the paper
to be printed i'm his place. The letter
from Mckinley was a nice one and was
perfectly acceptable but the addition
made locally was scurrilous. Witness
had heard from the deputy attorney
general "A day or two before Marshall's $
arrest that libel proceedings We're to
be taken.
Frank j. Cody, foreman of the Wall,
Nichols Company, was called and tes-
titled that he printed the paper of Au-
gust 27th. Knew Marshall to be the
editor of the paper for he had held
himself up as such and supplied the
matter for it.
Herbert NJ. Ayres testified that he
was assistant to Mr.. Marshall. Defend
ant was editor of the paper, wrote the
editorial matter contained in it and was
responsible as editor therefor. He con-
sidered however, that the printers were
equally responsible for the publication,
though he was not informed as to the
law on the point. Mr. Ayres evaded, or
did not remember answers to most OF
the questions.
j. Bachelor was called as n witness
10 prove the circulation of papers con-
tanning the alleged libel He testified
to having purchased copies of the Vol
cano of August 9th and September Sd
from newsboys and to having read the
articles said to be libeous. This closed
the case for the prosecution.