The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-05-19
SIX MONTHS
HARD LABOR
Marshall Sentenced for
Libel.
JURY WAS ELEVEN TO ONE
Former Editor of Sunday Volcano
Took the Stand in His
Own Behalf.

| "iiiioii L. MIDI Sudil, TIE executor Ol
the extinct Sunday Volcano" was yes
terday afternoon found guilty by jury
OF libel in the first degree on Chief JUS
tlce Judd. The sentence of Judge STAN
ley confirmed that of the lower court,
and imposes upon the ex-editor a term
of six months imprisonment in Oahu
prison at hard labor.
Libel in the first degree is interpreted
as being malicious LIBEL The jury stood
eleven to one in favor of conviction
upon the charge of libel, but only nine
were in favor of conviction in the first
degree. The jury was composed of the
following men: c. R. Collins, George
S. Harris, Jr., Fred Phillip, w. H.
Smith, J. D. Tregloan, c.. j. Ludwigsen,
1heo. y, Off, c. H. Clapp, Jas L. Tor
bert, John Efinger, j. T. Copeland and
/ hos. Krouse.
There was some difficulty in securing
jury. A number of jurymen examined
stated that they had formed opinions
which they dad not believe could be
shaken by any evidence produced. Geo.
X. Carter was excused on the 81 ound of
beng relative OF the Chief Justice. /.
RuDenstein, A. ID. Larnach, j. j. Egan,
G. b. Gray and w. NJ Cunningham had
very pronounced opinions, which they
argued would disquahly them. l.. G.
Ables, although he stated he had opin-
ions, was acceptable to the prosecution,
but the Court finally decided he was dis
qualified the same as the others. Three
| peremptory challenges were made use
OF by j. t. DeBolt, attorney for the de-
iendant, and George Angus, w. l.. Hop
! per and f. S. Lyman were excused by
the Court
The prosecution offered as evidence
several copies of the Sunday Volcano"
the one of August q containing the ar
ticle to which special reference is made
! in the charge. Il his was the only evil
dence produced by the prosecution.
Mr.. DeBolt placed upon the witness
stand II. NJ. Ayres, who was assoc ed
with Marshall in the publication of the
Volcano" He gave little information
in regard to the matter. Marshal Brown
was also called as a witness.
The main defense was that made by
Marshall personally. From the time he
took his place in the witness box until
leaving it he made many remarkable
statements in regard to what he consid-
cred his right to criticise in the manner
outlined in the Sunday Volcano the act
ions of public men. His real purpose
in writing the articles against the Chief
Justice was admitted to be to prevent
his reappointment as Chief Justice. AS
to his motive, and the source of his In
formation, Marshall began going back
into the history OF President McK1nl VS.
speeches, until an objection was MADE
by Mr.. Dole that he did not believe
McKinley's words had anything to do
with the charge of libel against the eX-
editor
The Scripture was quoted by Marshall
to show that certain passages of his ar
ticles were inspired by good motives,
and the comparison 1rawn between the
Chief Justice and POntius PLATE he con-
sidered was we'll drawn, inasmuch as
PLATE was mucn better man, he said,
than he is generally believed to have
been.
Mr.. DeBolt's questioning drew forth
many remarkable statements as to the
general policy pursued by the Volcano.
DeBolt asked: What do you mean
by American principles, Mr. Marshall?'
Marshall replied: Il mean the sover-
eighty of the people, popular govern
ment based on equality; a government
that is the least governed is the best
governed. l don't know how l can bet
ter describe it than by reading the first
eruption Of the Volcano"
Marshall then read several extracts
from the initial number, as follows:
Ihls is an American paper, and is
edited by an American. 1t believes with
Jefferson that country governed the
least is the best governed. This is pa
per OF today, not of yesterday. The Sun
day Volcano is firm believer in Ha-
waiian expansion
So absorbed did the ex-editor become
in reading off his own articles that he
evidently forgot that he was being tried
by jury, or was seated in the presence
OF Judge. He waxed more eloquent as
he continued reading, and his voice
shook with the tremulo so affected by
political speakers when using a con-
vincing argument
1t is untrammeled, he continued
his voice rising louuer and louder, land
Is as free as the wind which sweeps over
Tantalus. 1t will vigorously espouse
any worthy cause. In word, the Sum
day Volcano will erupt for ALL
hc SpedheE proudly IOlQed his paper
up and awaited further questions from
his counsel
Did the Volcano continue to erupt
for ALP
1t did,
You say your object was to establish
Americanism in these islands. Do Won
mean that Americanism did not exist
here?"
Yes. | mean that it did not exist at
tnat tlme-that is, the Americanism of
a popular government l found every-
thing here almost except Americanism.
found that the government did not de-
rive its just powers from the consent of
the governed"
was 1t your policy to attack men
individually or personality"
No, sir
What were your motives?''
My motives were entirely in the in
terests Of the people,
II you criticised anyone was it be-
cause of his official position only?"