The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-29
SMITH CASE
FOR GEAR
Continued from Page -

! iiStCh " IL, dS KNOW you would
not
There are other matters in this aft
davit which are perhaps more the bust
ness OF the Attorney General than they
are of mine, relating to an attempt of
the oailln to sell what he did not have
and could not get if he did that to Mr..
omltn-a verdict of acquittal from a
| jury TO be picked for that purpose. I
| thank your Honor for having given me
your attention on this matter to set my
SELF right, as / have stated
The Court. The Court is very much
Obliged to Colonel Fitch for having call
ed its attention to so much of the mat
ter set forth in the alleged affidavit as
reflects upon the Court and as reflects
upon Colonel Fitch.
Inc Court never a any time had any
conversation, as Colonel Fitch has stat
ed. with him with reference to his du-
! ties as amicus curae in the matter of
Henry E. Cooper and in the matter of
j. A McCandless and in the matter of
T. +. Dole, except a conversation of the
most formal character in which the
Court indicated to the amicus curae the
points which it thought were involved
and the arguments which it thought like
| ly to be urged at the Bar. so that he
| might properly prepare himself for pre-
senting them to the Court. These points
were not amplified upon by the Court.
nor did the Court, in discussing them
with Colonel Fitch, follow them in their
various ramifcations AS before stated
the conversation was of the most in
| formal character, not enduring for a pc
Rod of time exceeding perhaps five min
utes, and I think there was only one
conversation with Nc Thompson, one of
the amici curae, and some conversation
with Colonel Fitch, but it is now under
the impression that it had only one con-
versation with each of those gentlemen
Possibly there were two conversations
with Colonel Fitch. but those conversa-
tons were of the most formal character
and were not at all private in their ma
ture
AS to the other matters set forth in
the affidavit and to which my attention
has been unofficially called, 1 desire to
say that it appears from the affidavit
that the alleged offer of Bailiff Lewis to
corrupt himself in the interests of one
who stands indicted in this court, is al
legged to have been made on May 23d If
that offer was made-if the offer was
made by the bailiff of this court on May
23d TO any reputable citizen in this COM
munity, it was the bounden duty of that
citizen, bound by all the obligations and
by all the ties of civil duty, to report
that matter at once either to the Court
or to the Grand Jury or to the Attorney
General, in order that it might be taken
in hand.
Instead of that, the affidavit was put
in pickle, apparently, brined until the
9th day of May. when il was published
among other attacks upon the Court.
Now, no matter what a mans charac-
ter and position and standing may be in
this community in the estimation of
some of it, any considerable portion of
it. or In the estimation of all of it, this
Court, in the discharge of its duties,
cannot act upon a copy of an affidavit
appearing in the newspapers 1t is not
customary to invoke the process of
courts of justice by publications in the
public prints. There is no affidavit be-
fore this Court; there is no complaint be-
fore this Court. The Courts attention
has now been officially called, not so
much 10 the alleged corruption of its
bailiff his willingness to corrupt him
self and corrupt other officials of the
court. as to certain matters of privilege
in the affidavit which concerned Colonel
Fitch alone, and which, of course, con-
cerned the Court. The Court cannot is
sue any rule to show cause upon that
document 1t purports to be a copy-a
published copy of an affidavit. A pro-
ceeding TO call man to account upon a
copy of an affidavit in a matter involv-
ing his integrity and his honor, would
| be an unheard-of proceeding. As before
stated, this Court is open and the Grand
Jury is in session. If any citizen has
any complaint TO make against any off,
| cial of this Court, that complaint will be
received and viii be promptly and fairly
considered and acted upon. But the
Court will not call upon any of its Off
| 40 ha 0niniOn of
this community of those officers-this
| Court will not call any of its officers to
account: nor would it call any citizen in
this community to account upon street
rumors or upon published statements
made against him in the press of the
City.
We have not yet arrived at that con-
| dition of the administration of penal
Justice where we invoke the process OF
/ the courts and put men upon triai
where their property or their liberty or
their honor is involved, on the mere ipsi
diyit or accusation OF some one pub
lished in a newspaper.
| Now il would seem that if a PROPOSE
| ton were made TO any man VINO mad ID
his breast one spark of honor or man
/ hood or courage, to have him for con-
lsideration corrupt an official of court
| of Justice that that man would 1mme-
/ diately report it TO his felioW-cltizens
that he would report it to the Grand
Jury, that he would report it to the
Attorney General. that he would report
it to the courts.
From the showing made in this case
as before stated, il appears that this
tofrer was made on May sd. and for some
treason it was brined. put in pickle unit
May Nth. when 1t was published amonf
other assaults upon the Court
; The Court does not feel that it is
matter that it can notice or which i
should notice in the manner in which /
is presented: the Court accordingly dis
misses it from its consideration.
The Court. There are some arraign
ments set for today. Mr.. Attorney Gen
: eral?
: Mr.. Cathcart If the Court please
. ithera are four arrangements set for thi
: morning / believe; the first, If the Cour
| please is the Territory of Hawaii agains
/ Walter G. Smith. indictment for per
jury.
Mr. Ballou. If theSCourt please
The Court Mr.. Ballou, you were o.
, last Saturday sentenced to be imprison
!, ed by this Court as and for an open an
fragrant contempt of this Court, for tn