The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-05-22
JUDGE HUMPHREYS ORDERS HIM
INTO CUSTODY.
Rules That He Must Name His I'm
known Client-The Other Cases TAX
en- Under Amusement.

were popping lOf a snort time III lne
Circuit Court just before noon today.
When the atmosphere mad been clear
ed by adjournment to TINS afternoon,
l.. A. Tnurston was a prisoner in the
hands of court bailift Hopkins, ana
Attorney General Dole had been the
recipient of an unmisJakaDle roasting
OF great severity by Judge humphreys.
bVenJs followed events in rapid sue
cessIOn, large number of minor Incl
uents cropping out.
Just before adjournment the court
adJudged Thurston guilty of contempt.
lie was fined SlQO and oruered to be
imprisoned until the end of the grand
jury session, provided, however, that
If he would at once divulge to the grand
jury the name of the client forming the
Done OF contention, the latter part of
the sentence would become void.
Thurston was taken in custody by the
baiiH soon after adjournment. He was
not sent to the pollce station but was
accompanied in the Judiciary building
and to his office by the court officer.
The clerk of the court was ordered
to at once prepare the mittimus in the
case and to forward it to the High
Sheriff for execution. In the mean
while Thurston was given the oppor-
tunity of making up his mind as to
wnat he should do.
The remarks of the court to the At
torney-General came up in connection
with a portion of the speech of that
official. Dole was defining the powers
OF the governor of State or Territory,
and quoted authorities to show that
they were quite extensive, when inter
rupted by the court. Judge Humphreys
said that he had heard about enough
regarding the power Of a governor to
call on the United States army and
navy in certain contingencies, and If
the statements were made with view
of intimidating the court he would like
to inform the Attorney General that
the attempt would fail.
The court stated that throughout his
remarks the Attorney General had ap-
parently been addressing the audience
in place of the judge. His attitude IN
some respects had shown contempt.
The court had noticed it, but had not
felt inclined to comment upon it even
to the extent it plainly deserved. The
court was at d loss to know why the
Attorney General had repeatedly re-
| ferred to the powers of a governor. IL
he imagined that a suggestion that the
governor could call on the United
States army and navy would intimidate
the court, he might well disabuse him
self of the idea at once. Continuing
| the court said:
Again the court says that anyone
who stands at the bar of this court
representing any power, officer or SOW
ereignty who by threat or force at
tempts to intimidate this court, Will
| foil his own purpose and will only in
spire this court with unspeakable con-
tempt, not only for the argument, but
for the author of it.
Dole started to explain the why's and
wherefores of touching upon the mat
ter in the way indicated, but was again
interrupted by the court and told that
enough had been said.
At the conclusion of argument the
| Cooper and McCandless cases were
taken under advisement the court stat
ing that it wished ample time in which
to weigh carefully all the acts brought
out. The papers in the case, includlne
the addresses of the Attorney General
4 to the court, would be submitted to the
department of jutice at Washington.
Judge Hartwell then began argument
of the Thurston defense. His remarks
were practically a reptition OF what
had already been brought out in Thurs
tons return to the order to show cause
Frank E. Thompson, special counsel
appointed by the court, argued contra
concluding by saying that he thought
the authorities fully justified decision
against Thurston.
The court took up the matter anC
read from a portion of the testimony
given by Thurston to the grand jury
1t appeared from this that he told the
grand Jury what his client had told
him, but refused to dlvulge. the name
of the client. The court felt thai
Thurston had put the cart before the
horse and divulged what the law nigh
have protected him in reserving, an(
had withheld something that he wal
at liberty to divulge. In other words
the lawyer would have been justified
: in stating that his client (naming him
had told him something" leaving th'
grand jury to find out what the in
formation was. Under the circum
stances the court felt that the position
of the attorney was not sound, ant
proceeded to sentence him as aboV
noted.
A recess of ten minutes was then tax
: en- to allow Thurston TO consult wit
; his attorney, Judge HRrtwell.
!, At IL o'clock the session was resum
ed Judge Hartwell asked the court I
reconsider it's ruling and to nullify II
order.
Judge Humphreys replied that tn
court was the judge of its own power
and prerogatives. The decision ha
been announced and would not b
changed. The bailiff was thereupo
instructed to take charge of Thursto
and accompany him anywhere he Nigh
desire to go until the mittimus wa
ready for execution.
This afternoon Mr.. Thurston an
Judge Hartwell We're In consultatlo
with Chief Justice Frear for more tina
an hour on the matter of writ
habeas corpus. 1t is understood to !
the intention to apply for the writ
soon as the mittimus goes into effec
Under the law it cannot be done ear
Ter. The clerk had not finished the Wr
at a late hour this afternoon and a
cess to it's contents was denied. IL
long document, however, prescribiI
minutely the form and extent OF pul
, ishment and the conditions as stat
above,
Attorney General Dole replied
Continued to page fye)