The Hawaiian gazette., 1901-12-13
THE UNJUST JUDGE AGAIN.

One OF the charges made against
Judge Humphreys by the Bar AssLcia-
tlon was that he has been harsh. arbi-
trary. tyrannical and vindic.ive to-
ward members of the bar and others
appearing before his court, and has
abused his power over them"
On Tuesday OF this week the Judge
added one more to the already numcr-
Gus proofs OF the business OF this
charge.
One Ben Gussman. a Spanlard, Is on
trial In Judge Humphreys court.
charged with murder. He ioas not
speak English. but knows Hawaiian
well.
His counsel Is ex-Judge AMI ex-
Speaker OF the House of Representa-
tives ]. L. Kaulukou. He Is one Of the
leading Hawaiian members OF the bar.
and while a fair English speaker, is
more at home in his mother tongue.
All of the witnesses are native Hawaii
ans, and SO are a majority of the jury
men. Judge kaulukou naturally de-
sired to examine the witnesses in their
own language and that of the jury.
Judge Humphreys peremptorily re-
fused to allow him to do so. stating
that he Humphreys had on several
occasions allowed such procedure in tn,
past, but that Kaulukou had deliber-
ately and falsely stated that he had
not allowed such examination to be
made ir Hawaiian, and consequently
the privilege would he denied him.
/ The milk in the cocoanut consists in
the fact that Judge Kaulukou Ia ,ire-
president of the Bar Association,
which formulated charges against
Judge Humphreys.
! The statement which Judge Hun,ph-
reys refers to was made by Judge Kau-
lukou in an affidavit in support " the
charges against the occupant Of the
First Circuit bench. Judge Hun PHI
reys' position now H. that IL Karluk OH
had held his tongue and taken no par.
In the Bar Association PROCEEDINGS he
would now be allowed to examine ma =
tive witnesses In the native tongue:
but that for testifylnC to wha. he
claimed to be the truth, and vntinS
as he did in n matter personal to Judge
Humphreys and not involved in the
case now before the court he Is to bn
punished by being compelled to exam
ing Witnesses In language whicn he
understands imrerfnctly and they 10
not understand at all.
The examination of native witnesses
in their own tongue Is a right or 1t Ia
not. If II Is right. then Judge
Humphreys has arbitrarily deprN.'i
not only Judge Kau'ukou, hut ne de-
PENDANT Gussman. Of n fair trial
| II the power to examine Is not a right
hut privilege. NJ claimed by JUDGE
Humphreys, to he granted in his dis
| erection, then bv all the rules OF de-
cency. equity and Justice. that dlscre
ton should he exercised with refer
ence to TIE merits of each part cular
case, and Irrespective OF the personal
feelings OF the Judge toward tire de-
PENDANT or his attorney.
! In the case under discussion J id-L
| Humphreys decided as he did without
reference t. whether justice To Guss
man would be retarded or facil!tlted,
admittinGly basing his decision ~ the
| simple fact that he did not Ike Kau-
lukou. He thereby took advantage OF
his official position and power to vart
his personal spite AGAINST an attorney
who had dlspleased him in ar the.
affair.
/ This action is "horsh, arbitrary tyr
annlcal and vindictive," and the man
who can he guilty of such conduct Is
an unjust Judge"