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

lev VI
open court and where tbs Of opinion tAa, v
grant 1t this Is direct
therefore require written be mad urn nss s
fifteen minutes to receive this and no Inc Court WIN
NIere the court took until 2:l5l longer 'u'
MR. HATcHs ARGUMENT
y ask saye Of vour HONOR we're read Mr. Hatch ADDRESSED
date when Judge Harwe to nrac was inserted Nv
Court that is mmater erie pencil 1t to
- 80 INC s' - .''eeiheo 1t may be amend 'e Ia
10 organize the JudiJ
on page ASS of the Civil Laws contains provision DFn
Any may upon .a,f. se
opportunity to be- IN suel court and
other Circuit Court and order the be t 0sse
parties to any civil cause pending court cb upon o
d Uu b a penal Irpes @ records to be transferred %
IT shall be lawful for any court of judge h this
any criminal proceedings pending therein whether thereof a
order that changed and TO @ lie n
as the justice case may require :" such and
the court or Judge may in its or his discretion impose such
AFFIDAVIT WAS PROPER
statutory authority in the bs
submission trial Judge of question as was terms au
anv partcular Juror summoned to Try p prejudice panel
Honor peases and it is the position Judge Iarw
might be alleged showing the part of mat "a
son dsaualfying him from sitting fair impartial and
presiding at the trial. 1' contempt
DUTY OF ATTORNEY
And that it is equally the duty counsel If facts ,i
ion would tend to show prejudice the o which
would their knowIs r
counsel to their client serious thing an oir cause
ately assumed by when he admitted to %a Wild
it is his duty to aliege in potecting b IN alleging ss
unfortunate of that dn MS client
that of the court but submit that the duty of counsel > view
would unworthy confidence Of the 70
should hesitate to present to court which thew s
think-should be presented in order to obtain ruling thereon
is an idea which oS Ert
as should n "s
madversion of the '" 0as
A PRIVILEGED COMMUNICATIONS
communication made the affidavit filed has -
ilege If document have the character privileges
sened if II should be which is moi Is 0y when some
action would be criticism
Now, simply submit that it o counsel in M
question, the issue which and that
counsel to criticism or to punishment or should pb
That in brief the position we take and do dAo
all call Honors attention to the statute
within their duty.
RoBERTsoNs ARGUMENT
proposition, fair and INN
not only requires impartial jury also Judge presiding "
absolutely bias aa
here. by the right IN
arraigned- pudIsd against il
the fact to his counsel it becomes the absolute
the showing in way in court and to ask for change
the relegation of the trial of the other Judge
the motion which filed in this this morning
AS counsel has stated if communication writing Sak
within the of prvieged matter, certainly a preceding
show prejudice the part of the trial In aa
was defending person accused of crime and in the
counsers attention that his duty to his client called r na
showing naturally weigh carefully o.
circumstances connection with the matter before laying The matter
Such appears to have been the intention
the proceedings this morning Counsel asked your Honor
tion your preside the trial The s
Smith, feeling your intention EsN
iv bring 70 the attention of the court AS say asked
with that aha ma
CIRCUMSTANCES SHOW NO CONTEMPT
impossible imagine case d @s
bias of presiding Judge toward his s Z
circumstances would reS
fragrant contempt The nature Of ne p
opinion do with the consideration
it for that reason ~
undoubtedly for counsel to ons
filed this morning.
eddy conternptuous bring proceeding ss
called for by virtue of the nature OF the proceeding
DUTY COUNSEL
any his honor or his uua I'D
the public who would hesitate to present TO r r
honestly showing of should ahoa Ia s
change of venue, the calling in of some other 'uus brought
of good faith. submit that proper procus ooa faith
and conducted by counsel when is done in au The cows
be considered contempt of court However mistake Of tna
particular matterwithout admitting any ms
counsel may be IN mte
exercise of his Judgment, unless is apparent tat Honor
does done with disrespect and in contempt OF you' 49,
properly contempt OF court r take
position that counsel who are before 'r clients
representations them by e and
and as they looked at it. in the proper conduct the M A
it DEMANDED or ter
counsel rehu up
emf unon their duty to the court and upon their duty
they fearessly Independently present 10 n the case
brought o attention. it appears 1t was III Wv
against Walter G.. Smith. the uuhas
This IS not question If the please, involving a
allegations in Smiths affidavit H. lot s tsrs
affidavit setting lotlu .n show
on the part of the court that tending t
the bring the court nv here
ton hearing and showing anything that descl1
position of counsel would be entirely deent n not the truth
statement contained in walter Smiths affidavit aasHt
Honor is, the good faith of counsel III legal ground