The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-05-19

ally or against him as an Official!
LAS an official"
What was your motive In writing
this article?'
at was to prevent his reappointment
to office, on the ground that | belleved
him an improper person to hold tnat
distinguished Office. The interests OF
the community and the interests OF
Justice were to be advanced by the APP
pointment of some other candidate.
WAS that owing to any personal
grievance you had against the ChleI
Justice?"
None whatever"
I'm the assertion set forth in that
article, Mr.. Marshall, did you believe
in the truth of it?''
Yes | believed all the statements
truthful l based them on my reading
and on report. l further based them
On two things. One was that there was
a provision in the Hawaiian Bill as
prepared by the Hawaiian Commission,
that no idiot should hold office, or be
allowed to hold it. The second was
that the members of the Supreme Bench
should hold their offices right along
during good behavior. The Chief JUS
tice on August II took the oath of Of
flee to support the Constitution or the
United States. The Constitution de-
clares that a man may be tried by
jury and gives everyone the right to ap-
ply for a writ of habeas corpus. That
is my judgment of human liberty. The
Chief Justice and his associates in
number of opinions have expressed
themselves that the Constitution is in
operative where the liberty of indi-
viduais was involved-was imperative
during what they termed the transl-
ton period"
AS TO the term Have driven him
over the Pali,'' Mr. Marshall explained
that it was merely a figure of speech,
based upon the Chief Justice having
resided at the time the article was
written at his country home across the
Pali
Speaking with reference to the COM
parison drawn between the Chief JUS
tice and Pontius PLATE, Marshall said:
:" There is probably no character in the
new testament so conspicuous as Pom
thus Plate. The four gospels all tes-
tify to the magnificence OF his charac-
ter He labored ass.iduously to prevent
che crucifiXion, and | think any county
might feel honored to have on the SD
preme Bench justices of the ability and
charity of Pontius PLATE"
Shortly before o'clock Mr. De Bolt
addressed the jury, followed by Mr..
w. o. Smith at 2: Is. After Judge STAN
ley had delivered his charge to the
jury, De Bolt excepted to the Courts
instruction as to the degree of libel
charged in the complaint, and also to
The Courts refusal TO give the inStruc
lions to the jury as requested by the
defendant The jury retired at
o'clock, returning fifteen minutes later
with verdict OF guilty in the first de-
gree, three dissenting. An appeal was
noted by Mr.. De Bolt.
In sentencing the defendant Judge
Stanley said the jury dad not take tue
opportunity of bringing in a verdict
which they might have moved from
first degree TO the lowest degree. One
Of the greatest difficulties Court has
to look at in passing sentence, he con-
tinued, is the TACT that innocent defend
ants are involved, such as wife AM
children. These considerations incline
court to leniency but he could not
swerve from doing his duty The jury
had found Marshall guilty of malicious
libel.
The Chief Justice" said Judge Stan
.ey, has had a long and honorable
tenure of office. Those who are per-
sonal acquaintance of the Chief JUS
tice attach DO importance to the libel
contained in this paper; but it is true
chat incalculabie damage may result
in having such libel spread broadcast
throughout the land. 1t tends to bring
justice in these islands into disrepu.e
Mr. Marshall, the District Court SEN
| fenced you to a term of Imprisonment
OF six months. l see no reason why
this sentence should not be confirmed.
L regret exceedingly to sentence you.
/ The sentence of this Court is that YOU
be imprisoned at hard labor for six
months
The defendant who stood calmly
during the address quietly sat down.
He took the situation easily. Mr.. De
Bolt asked that the Court set the
amount for ball. which was finally
! placed at $1,000. In default of this
Marshall was taken in charge by Mar
! shall Brown.