The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-04
SMITH NO
PERJURER
Attorney General
NoI-Prosses
Case.
WAS NO EVIDENCE
FOR CONVICTION
The Grand Jury Brought Its In.
dictment Under a Misappre-
hension of Facts.

The action against waiter ". ohaieh
on an indictment for perjury, was mol
pressed in Judge Gears court yester-
day afternoon, the Attorney Generai
stating that he had no evidence that
perjury had been committed. The in
dictment had been brought under
misrepresentation. Mr.. Smith was
charged with having stated, at his sec
ond days elimination, that he did not
know the name of corporation from
which brides had been asked by mem
bers of the Legislature. At the demand
of the Grand Jury, which was under
the Illusion that Mr.. Thurston's
missing client, the name of whom
that body had tried to extract from
Mr. Smith, was the Rapid Transit Com
pany the Attorney Generals deputy
drew up an indictment charging Smith
with swearing falsely. AS a matter of
fact he had sworn to the truth. Instead
of the client being the incorporated
street railway of Honolulu he was the
unincorporated Jacob Coerper of Ha-
wall, promoter of steam railway prof.
ect on that Island. When these facts
appeared, the indictment became of no
account and the duty of the Attorney
General was clear. He could not con-
VlCI ana 1t was uOt IOT nlI1l TO institute
a judicial farce.
Touching a technical discrepancy In
the evidence given the first day of Mr..
Smiths hearing as contrasted with that
given the second day, the Attorney Gen
eral said, in his opinion, that the de-
| PENDANT had got ratified This was
not a plea which Mr.. Smith would have
made. The truth is that, at the first
days hearing, he believed that the
brides had been solicited of man who
represented an incorporated concern
and had testified to that belief He
did-not say unreservedly, or certainly
did not intend to be understood as say
ling unreservedly, that such was the
| fact; but asked and received permission
then to have his hearing go over until
the next day so that he could consult
| his counsel and make further inquiries.
On the second day he said that he knew
of no corporation that had been asked
for brides, and he told the truth. But
the jury, made up of fourteen of his po-
| lftical enemies to one political friend
and OF twelve personal enemies to three
personal friends, and a jury intent In
the belief that the witness was trying
| to shield the Rapid Transit Company,
| iiitiiStCo HILL VII the ln1rO Ody. MT.
Smith, having all the facts IN hand. sent
word to the Jury by Juror Quinn that
ne was ready to testify as to the actual
party or the second part in the bribery
negotiation, but as it afterward turned
out the indictment had been hurriedly
made up and filed on the second day
and the Jury could not call for evidence
from man whom it had just charged
with perjury. After several days it got
from other sources what Mr.. Smith was
willing to give then.
yesterday morning when the case of
the Territory VS.. Walter G. Smith was
called, neither the defendant nor his
counsel was in court. There had been
misunderstanding as to the date. The
court was nettled and said something
ABOUT bench warrants and the forfeit
ure of bail but CONSIDERABLY waived ex-
IRENE measures and went on with an
other case. The defendant, who lives
in the country. was telephoned for and
came hurriedly and counsel were also
| summoned. After explanations the
court ordered the arraignment of Mr..
| Smith, who pleaded not guilty and in
| for speedy trial. At this juncture
4
| made the following address:
MR.. DOLE'S ADDRESS.
In this case have a motion to make.
| If the court please. It is a matter of
the gravest Importance that criminal pro-
| ceedings Should be fair to the public as
well as fair to the defendant; that they
should be entirely free from friendship
or enmity, and free from all partisan and
| factional considerations. In other words
| that each case should be disposed of on
| its merits according to the facts and the
| evidence as near as possible. Tt seems to
me of scarcely less Importance that they
should be understood by the community
at large to be uninfluenced by any such
considerations. This Indictment, in some
sense, is an incident in a series of events
that have deeply stirred this community.
1t became my duty. or. whether or not II
became my duty I thought it was, TO
take part in those proceedings: and /
have felt on that account, and from the
considerations I have already indicated
an extreme reluctance to assume the dis.
position of this case, because of the pos.
sibility of being unconsciously influenced
by considerations IN which the whole
community takes part on one side or the
other, or, by the possibility of its being
so understood by many people. For thai
reason I asked Mr.. Paul Neumann to as
sumo entire charge and disposition oil
this case, and he kindly consented to dc
SO. I commissioned him as deputy fol-
that purpose last Monday noon or short
ly after noon. without thinking that he
was fatally Ill, and in pursuance of his
promise to take charge of the matter
We all knew Paul Neumann He was
not only a distinguished man. fair
honest, unbiased man, but, there was ne
other member of this bar of anything
like his qualities and distinction who hat
stood entirely to one side in the events
which have recently taken place here
There is no one else of nAe standing IN
the community, free from the consid
erations have spoken of, that I can ash
to act, and therefore I feel-although Il
Is with the greatest reluctance, and greai
delicacy--that ought In this matter tt
assume the same responsibilities which
rest upon the Acknowledgement in othel
cases where no such considerations exist
The indictment in this case charges