The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-24
more OF A, S. HUMPHREYS
PETT|FOGG|NG ANSWER
The Branded Judge Explains to the
Department of Justice How He
Enforced His Whims.
BEResTRoM's FoRGErFuLNEss.

BERGSTROMS FORGETFULNESS.
said juror 500 for being late in attend
ance upon the Court
1t appears from the record that the
following proceedings were had:
''The Court: Is Mr.. Bergstrom in
Court?''
20. Why didn't you appear this morn
ing, Mr.. Bergstrom?'
"A. Well, / have not any excuse to
offer. The time passed more quickly
than / noticed and I did not think of it
until eleven o'clock"
1.-THE Court: Now, the Court has no
desire to pursue any course toward any
juror which may be regarded as arbi-
trary, but we are confronted with a con-
dition here that the Court in the exercise
of its duty is called upon to meet. We
have on our calendar some three hum
dred cases, the term of Court is limited
to four weeks and there is but one Judge.
People who have liberty at stake, who
have life at stake, who have property at
stake, who have money at stake are en-
titled to have their matters heard and
disposed of by this Court. At best it
would be absolutely impossible to dispose
of twenty-five per cent. of the business
before the Court if not a seconds time
were lost. 1t is a duty that the juror
owes the community, aside from any OBJ
| legation that he is under to the Court,
because no citizen is under any obliga-
ton to this Court, but it is a duty which
the juror owes himself, and it is duty
which he owes the community, to re-
| spond promptly to any call which may
be made upon him. The Court of course
( realizes that the compensation which is
paid juror is totally inadequate. Many
men are capable of earning much more
than they are paid for their services as
Jurors; it Is simply a tax which under
democratic or republican form of gov
ernment IS imposed upon intelligent and
honorable citizens. No man knows when
his life or liberty or his property may
be in jeopardy, and If he does not re-
spond to the demands which society
makes upon him, he cannot expect others
to respond to that demand.
Now 1t seems to me that man OF
your intelligence, and who with that in
teiligence ought to be inspired with a
high sense of civic duty ought to be held
to a strict account for delinquency OF
this sort, and particularly where the ex-
cuse is only that of lapse of memory
''The sentence of the Court will be that
you pay a fine of one hundred dollalrs
and costs of this attachment, ana that
you stand committed to Jail until the
line ana cOSlS are pdiu. Iou may TANK
your seat"
In addition to what is disclosed in this
record I have only to say that Mr.. Berg
strom is well to do, prosperous mer-
chant in the city of Honolulu, and that
1 did not then, nor do 1 now, regard the
punishment imposed upon him as ex-
cessive. Experience had taught me that
fines of S25 and $50 were insufficient to
secure prompt attendance of well to do
Jurors.
MOURN WAS LECTURING.
90 Albert McGurn, a Bailiff Of the
Court, in rebuking and crit;cising said
officer before the Court for alleged dere-
LECTION of duty and in fining said officer
for contempt of Court.
The matter took place during the
month of August, 1900. Since that time
very many other matters, many of which
were of great Importance, have engross-
ed my attention, and it is Impossible for
me, at this time. to recall with absolute
precision all of the facts and attending
circumstances of the case, but, assisting
my memory by the incomplete record
which has been filed with the Depart
ment, l make the following statement:
1t became necessary for me to reprove