The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-09-21
HUMPHREYS ON CONTEMPT.
EXPLANATIONS GIVEN IN HIS
BRIEF.
The Kinney, Hartwell and Ballou
Sentences-Didn't Want Them to
Have Fun Cheap.

Judge Humphreys long brief, filed at
Washington, in the matter of the
charges against him by the Hawaiian
Bar Association, contains, in addition
to much about Iwilei, a review of the
circumstances in each of the contempt
fines which he imposed while on the
bench here, beginning with that of Bit
ting. The brief contains the court re-
cords of the proceedings in many of
the cases. with comments and eXplana-
tions by the judge. The fines were the
basis of charges against Humphreys.
In the matter of the sentences of 30
days EACH imposed upon w. A. Kinney,
A. s. Hartwell and S. NJ. Ballou, Hum
phreys has little to add to the record of
the court. He publishes the stenogra-
piers record, beginning with Kinney's
question as to whether the court intend
ed to try the case of Walter G.. Smith
and ending with the point at which the
court interrupted the reading of Smith S
affidavit on motion for a change of
venue, when Kinney, who was reading
it, got to the statements about the in
ordinate ambitions and personal weak
nesses" of the judge. The brief says:
AT this point l ordered counsel TO
desist from reading the affidavit; or
dered that the affidavit be stricken
from the files of the court and that
counsel whose names were thereto sub
.
and show cause why they should not be
punished for contempt. No sufficient
cause being shown, the sentence stated
was imposed.
II stand entirely upon this record
and do not desire to make any eXplana-
ton in regard to the course pursued by
me. / beg to leave entirely to your
own judgement the conclusion, from the
record, as to whether my action was
or was not necessary in order to uphold
the dignity, not of myself, but of the
court over which 1 preside. l do not
believe that in any court of the United
States on the mainland such an affi-
davit could be safely read by attorneys
appearing before the court
Regarding the contempt cases In
general the judge says: LAS to the
punishments imposed by me for con-
tempt, it may seem that in certain in
stances they were unduly severe. AS
to this, l beg to say that the mere re-
cord on paper of the proceedings in
court involving a contempt cannot con-
stitute the whole record. The paper
records shows neither the surroundings,
the circumstances, the manner of the
person in contempt nor the intonations
of his voice. The paper record totally
fails to convey the atmosphere of the
proceeding. 1t fails to show the con-
temptuous attitude of an attorney who
turn MS BACK upon the court anu
makes a stump speech to the benches
of spectators. 1t fails to show the
wagging of the head, the raised voice,
the angry demeanor Ali these things
can only be taken into account by the
Judge before whom they occur and can
only be appreciated by the spectators
who witness the proceeding.
"As to the severity of the sentences
imposed, 1 beg to say that 1 have en-
deavored in those cases of contempt
which have unfortunately occurred in
the Court over which l preside to in
flict such punishments as will tend to
prevent a repetition of the offense on
the part of the same person or by others
nominal fine does not accomplish this
end. Neither does a nominal impri-
sonment. In the case of Thurston, who
is a millionaire, / imposed a fine of $780,
A fine of ten dollars would have been
obviously insufficient and possibly even
a hundred dollars was insufficient.
There is no deterring influence in
punishment which can be regarded by
the person punished as fairly set off
by the satisfaction experienced by his
misdeed. There are many instances of
assault and battery where the offender
cheerfully pays the fine inflicted in the
police court, conceiving that the per-
sonal satisfaction derived from the as
sault far outweighs the punishment. 1T
is not deterrent to allow the wrong-doer
to go away with the feeling that he has
had his finn phaan'