The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-27
THE AFFlDAvlT.OF BIAS.

| THE AFFiDAVlT..OF BIAS.
1t is a curious fact that the very
clause in the affidavit of bias and pref
udice filed in w. G. Smiths case, which
Judge Humphreys has held to have
been placed there for an Interior pur-
pose, was in fact inserted to avoid just
such an accusation.
Two alternatives were presented to
those in charge of drawing the aft
davit:
First-To set forth fully the CONVEX
sations and dealings had between Judge
Humphreys and the defendant accom-
panying the offer of the editorship of
the proposed paper. or
Second-To state merely their general
character.
The first course, that is, a statement
of all said and done between them would
have proved conclusively the important
point that the rupture between the two
men arose under circumstances so hui
initiating and belittling to Judge Hum
phreys as to justify the belief in deep
seated and disqualifying bias and pref
udice on his part; but at the same
time it was evidently thought that the
spreading of the entire tale upon the
records might be considered cumulative
and unnecessary, and therefore done
for some improper motive, and there
fore the remaining alternative was
adopted of summarizing and character
izing Judge Humphreys propositions
briefly in the following language:
"In this connection aff1ant says that
said Judge in pressing his solicitations
upon the affiant as aforesaid and in
outlining his own political plans, laid
bare to affiant many matters strictly
personal to said Judge. showing the I'M.
limited ambitions of said Judge, and an
inordinate opinion Of his own abilities
and qualifications, and generally the
personal weakness of said Judge"
1t was evidently believed that as the
Judge heard the affidavit read and re-
.n1ennbered the many fool things
he. had said first and last to Mr.. Smith,
he would appreciate the avoidance of
detail In the affidavit as the least of
fensfves of two necessary alternatives.
-: His savage misinterpretation of mo-
tives and his denial of the truth of
many essential allegations in the aft
'daxit; have made necessary the open
letter. from Mr.. Smith. appearing else
where in our columns, containing the
details left out of the affidavit.
4 A glance at this letter will convince
Rayone-that if in fact the affidavit or
the positions complained of were drawn
as is alleged. not to prove bias and
prejudice, but to insult and belittie the
Judge, the detailed facts would never
have. been cast aside for the brief gen
eIEatlization put In.
Why did the affidavit in question
want to prove on a question of bias
and prejudice that Judge Humphreys
in his relations with defendant, lead
ing up to the rupture between
them showed unlimited ambitions, an
inordinate opinion of his own abilities
and qualifications, and generally his
weaknesses?"
Because after a man has made such
an exhibition of himself to another, and
been turned down with thanks on
proposition to share his coming great
ness with him, it creates a situation
akin to that Of lady who in a mo-
ment of weakness proposes to a man
and Is refused. Hell hath no fury
like a woman scorned.''
In other words. the degree of bias as
evidenced by the causes creating the
same, is virtually material in an affi-
davit of bias and prejudice, and for try
ing to prove that when it became
apparent that the Judge had not the
common decency to withdraw on his |
own motion from the trial of his foe, |
the three attorneys Of defendant are
thrust into JAIL
Judge Humphreys did not object to |
the filing of a suggestion of disqualifi- |
cation based on bias and prejudice, but |
such motion to be drawn so as |
to read agreeably to him. regardless of |
the facts. Ifsuch an affidavit is admissi- |
BILE at all, should It not fully set forth
all the facts tending to prove bias, and |
also the degree and extent of that bias. |
Ii not, how is an attorney in drawing |
such a paper to know, when he is safe |
and when he is not? How far to go.
where to stop? The freedom and privi- |
ege of the advocate in Hawaii is de- |
;troyed If Judge HUI phreys' standards |
are accepted and if they prevail
Why Is 1t that this question of bias
and prejudice on the part of a Judge |
presents itself to the community almost
Is new proposition7
Because 1t is only once in a genera
ion or so that any man can be found
clothed with judicial power so devoid
# the primary instincts Of fair play as
o be willing to sit in Judgment on his
oe. even If solicited so to do.