The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-25

the militia; and not only the militia of
THE Territory, but the land and naval
forces of the United States. Why such,
powers. if any exist. were paraded beforet
the bar of this Court, the Courr is at AMI
utter loss to understand But, If theJ
idea of counsel was to coerce this Court
lin arriving at conclusion, such state
sments could only inspire in any COurti
.aud in this Court, the most unspeakable;
contempt; a contempt which extends to-
the author of such sentiments whenever
ethey are uttered at the bar of this Court,
gor by whomsoever they are uttered, or,
sunder what circumstances or conditionsi
sthey are uttered. This Court in the per-
formance of its constitutional duties,
duties which are devolved upon it by It's
commission coming from the President Of
athe United States confirmed by the SEN
Fate of the United States, will not be in
Inundated or coerced or Influenced by any
ssthreat of Pretorian Guards nor even by
an intimation that the Governor in resist
sing the process of this Court has at his
4 beck and call the land and naval forces
Eof the United States
q After calmly and deliberately consi ler-
ling the matter, / have no desire to in
Sanywise qualify or modify these utter
ances.
8 FIRST OF CONTEMPT CASES.
q 90 L. A Thurston, in Furnishing said
RThurston for contempt in refusing to dis
Sclose the name of a client to the grand
gjury; by filming said Thurston 500 as well
3 as ordering him to Jail until he disclosed
k.the name of said client
3 One year ago Thurston was appointed
Sby me to defend an INDECENT criminal I'M
eder Indictment in my Court. An Hawaii
an statute provides that If an accused
person is poor and unable to employ
Scounsel the Court shall assign some COM
petent member of the bar to his defense.
g II is customary in most jurisdictions
! where similar statutes exist, for the trial
: Court to assign to the defense of an ac-
q cused person Inexperienced, young ccun-
! sci, or incompetent old counsel, thus rem
!. dering farce the substantial right OF
z an accused person to have counsel. Mr.
C Thurston has always been regarded, ano
Is is, an able, vigorous, aggressive lawyer
and it was for that reason that he was
appointed to defend the person in ques
ton. Upon being notified of his appoint
ment by the Clerk of the Court he i'm
mediately appeared in open Court anc
stated to the Court that he had, som,
six months prior thereto wholly retired
from the practice of the law, and tina
it was not his intention to again resum
the practice. The Court of course &C
! cepted Mr.. Thurston's statement as be
z ing made in good faith and relieved him
Tappointing other counsel to perform tn
duty which had been imposed upon MI
Thurston. Since that time Mr.. Thurstol
has not appeared either in person or O
record in any cause in the Circuit Cour
in Honolulu
When the grand jury was impannele
} by me at the May, 1901, term of the Cir
, cult Court in Honolulu, Mr.. Thursto
was summoned before the grand jury I
testify touching and concerning certai
charges of bribery which had been mad
! against members of the legislature. MI
1 Thurston stated to the grand jury tina
( he knew of moneys having been demand
z ed by members of the legislature to Pre-
cure the passage of certain Legislation
When asked to give the names of tn
legislators in question he declined to d
so. stating that the information was dc
rived from a client, and that the com
munication was privileged He was the
asked to give the name of his client, bu
& refused to do so, putting his declinatio
/. in writing. The matter was referred t
: the Court by the grand jury, and tn
Court held that the name of the ellen
3 was not privileged, and that Mr.. Thurs
ton would be required to disclose it, bu
2 q that he need not disclose any commun
Jcation made to him by such client. Nj
: 4 Thurston was ordered to appear befoT
Z the grand jury forthwith and to disclos
: the name of his client. Persisting in hi
2 refusal to do so, the sentence abov
mentioned was imposed upon him
2 b In imposing this sentence 1 was stric
Fly within the limit of high authorit.
e# {See l Greenleaf on Evidence, Sectio
S 245)
Al (To be Continued)