The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-05-25
SENSATIONAL AFFIDAVIT BY SMITH
THROWN OUT OF COURT BY HUMPHREYS

tween them. Thereafter said Judge did
establish newspaper called the Repub-
lican, which has ever since been pub
lished in the City of Honolulu, and that
said newspaper has, as affiant in in
formed and believes, has been entirely
under the control, direction and man
agement of said Judge from its estab-
lishment to date. That in due time af-
( ter the passage of the Organic Act crea-
ting the Territory of Hawaii said Judge
received his present appointment and
shortly thereafter, for reasons unknown
to afiiant, said judge again became
very friendly in his conduct toward af-
fiant, manifesting said friendliness by
repeated visits to affiant in his office
and protestations of friendliness of one
kind and another, and thereupon said
judge proposed without the request or
suggestion of afiiant to appoint atlantis
, brother clerk of his court: that there
upon. coupled with said offer said
judge made the direct suggestion to
atfiant that, in consideration of such
appointment, the affiant use his posi-
ton in the Advertiser to further the
political fortunes of said Judge, and in
this connection affiant says that the
exact words of said Judge in making
the suggestion aforesaid was as fol-
lows; You understand that this is a
case of back scratching" That af-
fiant told said judge that he could not
use the Advertiser to either reward
aftiant's friends or attack his enemies
whereupon the judge waived the point
and said he was still ready to make the
appointment and thereupon did make
the appointment, assuring affiant that
he had arranged the matter satisfac-
torily with the other judges. That af-
ter said appointment the affiant varied
in no particular the policy of said paper
nor did he abate in any degree what
soever his opposition to the political
policies favored by said Judge and that
thereupon, and as affiant believes by
reason of atlantis continuance in said
course, said judge cut off all friendly
relations with affiant and at the expira-
ton OF three months atlantis brother
was summarily dismissed from his Off
ce, as afffant verify believes because
he, atiiant, failed to modify the policy of
the Advertiser in it's opposition to the
plans and policies of said judge. And
affiant further states that at the same
, time with the dismissal of his brother
ana the occurrences herein last referred
to said judge cut off all personal rela-
/ tions with affiant whatsoever, his
speaking mountaineering ceased and
said judge began to show violent per-
sonai altimosity against affiant. as evil
denced Dy the attacks that were opened
up against aftiant in the editorial CO.
lumns of the judges newspaper, the
Republican aforesaid, and otherwise
That FOR the period of - months past
! the said Republican has been bitterly
opposed to the Advertiser and that said
/ newspapers are politically opposed to
each other and in open rivalry to each
! other in business and political way,
and the relations of the editorial and'
business managements of the respective
papers aforesaid are very much strain
/ ed.
! That within three weeks affiant re-
/ ceived a personal message from said
! judge through reporter of the Adver-
, tiser in effect as follows: II take this
{ opportunity to send word to the editor
of the Advertiser that / have he most
| profound cOnempt for him and for the
, vicious and criminal policy which he Is
pursuing in this community" That as
attiant is informed and believes the said
| message was delivered by said Judge in
connection with a request. and as a re-
suit of request, from a reporter of
said Advertiser, acting on the direction
, OF said aftiant, to ascertain how and un-
der what circumstances certain licenses
( to practice law had been issued to a
/ large number of members of the present
Legislature.
And affiant further states that by
reason of the premises and otherwise
that he, affiant verify believes and
charges that he cannot secure at the
hands of said judge fair and impartial
trial of his cause herein but that said
judge is hopelessly biased and prejudic-
ed against aftiant and is not capable of
giving affiant and win not give affiant
his right to fair and impartial trial.
With the affidavit was another affi-
davit of j. II. Fisher, treasurer of the
Robert Grieve Publishing Company, as
follows:
And now comes j. Fl. Fisher and upon
oath deposes and says:
That he is a stakeholder and the trea
surer of the Robert GrieVe Publishing
CO., Ltd the owners and publishers of
newspaper called the Honolulu Re
publican" now being published in Ho.
nolulu;
That affiant in his capacity as afore.
said has the custody of the stock books
of said company and knows the owner.
] ship of the stock of the same;
That A. S. Humphreys now Judge o
the First Circuit Court of Hawaii is
! stockholder in said corporation and /,
the owner of 1886 shares
That Mrs. Julia Along, the mother-in
2 law of said A. S. Humphreys, is tn,
owner of $50 shares of the stock of saiC
corporation;
That the said A. s. Humphreys hold
I the proxy of and votes the stock of tn
said Julia Along at all meetings OF tn
/ said Company:
That the shares of stock now held b,
! said A. S. Humphreys and Julia Atom
2 constitute the majority of the share
2 of the corporation and carry the con
! troll thereof; the number of shares o
said corporation now being 1890 and tn
! number of shares owned by said A. S
Humphreys and said Julia Atom
amounting to 6S5;
That the said A. S. Humphreys al
d though not a director in said corpora
8 tion is practically i'm control of sal
i company and the policy of said pape
g (Signed) j. II. FISHER,
II Subscribed and sworn to before me th
Ie 25th day of May. A. d. 1901.
(Signed) GEO. l.. BIGELOW,
j. Notary Public.