The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-05-28
HUMPHREYS REFUSES TO TAKE
IT UP.
Ballou Disbarred from Practicing Until
Pardon Matter is Settled-Smith Case
Set for Friday.

Judge Humphreys this morning de-
clyined to take up in court the affidavit
of A. w. Pearson, manager of the Ad-
vertiser, in which he stated that he had
been approached by o. c. Lewis bailiff
of Judge Humphreys court, who offered
to pack jury in favor of Walter }.
Smith if he (Pearson) would secure i
liquor license for him on Richard street
near Queen.
Second, the court declined TO allow 5.
M. Ballou to appear in the Smith case
or to appear in court at all until 1T
had received formal notice of his hav-
ing been pardoned by the executive,
and until the validity and force of that
pardon was determined.
Third, the court stated that it would
under no circumstances hear any part
of the Walter G. Smith case but would
turn it over to Judge Gear. Hearing
was set for Friday morning at 10
| o'clock when, it is expected, Judge Gear
will be here.
When the court opened this morning
| there was quite a representation of
the room. Thomas Fitch opened the
! proceedings by asking the Indulgence
of the court that he might speak to
what the legislature would term
| question of privilege" With that he
! drew from his coat pocket a copy Of
|
rected attention to the following para
graphs of the affidavit of A. w. Pear
| son:
THAT said Lewis thereupon said to
me that he had some information to
| give me upon the dead quiet, and
| said:
THAT Tom Fitch had told him that
! the officials, meaning Secretary Cooper
| and eX-Superintendent of Public Works
! McCandless, whose case was then
! pending before Judge Humphreys upon
| the charge of contempt, would be dis
| charged by Humphreys next Tuesday
| on the grounds of hearsay evidence but
| that said Judge would burn them up
! in his decision"
Continuing Mr. Fitch said he did not
| bow to anyone and it was but in JUS
| tice to himself that he should say that
he made no such statements to Lewis
as appeared in the affidavit He did
say that he could see no way but for
| the court to dismiss the order as to
| Cooper and MCCandless for the reason
| that their evidence was merely hearsay
| and could not be accepted as regular.
| This statement, however, he had given
on the floor when arguing the case as
amicus curiae. He made no statement
| at to what the court intended doing, in
| fact knew nothing about ii further than
his own recommendation before the
| court Fitch denied absolutely saying
| that the court would burn them up.
| He had no idea what the court intended
doing, having had no conversation with
| the court in regard to the matter. The
| balance of the affidavit belonged to the
| Attorney General. Mr.. Fitch added
that he made these statement to clear
himself in the community of the stigma
| of false position.
The court replied that the statements
| In the affidavit were unjust to both
himself and Mr.. Fitch. There had been
| no conversation between them at any
| time save for a talk of about five min
| utes on the principal points of the cases
! in which Fitch appeared as mediator.
This talk was purely formal and not
secret. The act of Lewis in attempting
to corrupt himself If the affidavit be
| true, was a serious matter. At the same
| time the court did not understand why
| If this offer was made on May % 1t was
''pickled' and not divulged until May
| q, when it was found that other cir
| cumstances made 1t profitable chattel.
Any respectable citizen would have lost
no time in divulging the facts either to
! the grand jury or the Attorney Gen
eral. The maker of the affidavit had
not acted properly. At the same time
the court had not received the affidavit
| and the matter had not been formally
presented to it,, The only formal init
nation the court had of the document
| was made by Mr.. Fitch and read
from what purported to be a copy,
published in a newspaper. The court
would not pay any attention to copy,
| or alleged copy, of any affidavit or
other instrument appearing in news
| paper. The grand jury was now in 50 s.
sion and such matters could easily and
properly be presented there Under no
circumstances would the court proceed
in any matter involving the liberty and
honor of a man on mere newspaper
lrta for aAtc Dts 1sIETn or a 10
miss the matter from consideration,
| concluded the court.
When asked by the court If there
were any matters to be presented Dep
uty Attorney General Cathcart an
nounced the perjury charge against
Walter G. Smith, editor of The Adver-
tiser. Mr.. Ballou, attorney for Smith
arose to speak but was Interrupted by
the court.
The Court: Were you not last sat
urday afternoon sentenced to thirty
days Imprisonment for contempt OF
court?"
The answer was in in affirmative.
And pardoned a short time later by
the eXecutiVe?"
The answer was again in the affirma,
: tive.
The court, continuing stated that Il
, had received no notice of this pardon
and until ii had notice could not be
| TAKEN Ol IT, anu MI lOdllOu HluSl Npll
slider the sentence still in effect and
operative.
Mr.. Ballou added that he was moi
aware that notice of pardon had moi
reached the court.
The court replied that while ii haC
heard informally that such a pardon
had been vouchsafed by the executive
he had no formal knowledge. WheI
proper notice was filed 1t would receiv'
attention. In the meanwhile Mr.. Bal
lou might consider the sentence i'm full
force, and he would not be permitted
to practice in the court until the cour
had announced its final judgment in re
gard to the matter.
The court thereupon took occasion t
say that it was not its intention AM
never had been, to hear any part of tn
Walter G.. Smith case. Judge Gear ha
left San Francisco on May "a and woul
be here next Friday. On motion of MI
Hankey the case was postponed to tina
day.