The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-27

However he may have felt while the
court was administering his rebuke to
be spread upon the records, Mr.. Fitch
outwardly was quite calm, and the
casual observer would hardly have
known that he was the individual be-
Ing referred to in such caustic tones.
He sat silently studying the surface of
the table in front of him, scarcely lift
ing his eyes from the shiny plat, while
nearly every one in the court room was
intently watching his face
WHAT ACTUALLY OCCURRED.
Hardly had the court concluded the
reading of the opinion, however be-
fore Mr.. Fitch was upon his feet, to
After the reading of the opinion in
the case by the court.
Mr. Fitch-In reply to a portion of
your honor's opinion, referring to my
self, 1 wish to make this statement:
l was informed on the morning of
the day in which this ceremony took
place, that this woman while in the
custody OF the marshal, and this Chi
naman. In whose hands she was, with
out any procurement or knowIedg-
ment of mine-because I should not
have allowed it, and reprehended 1t if
1 mad known it-that her husband (the
Chlnese marriage) was permitted to
pass the night with her, and I thought
that was the best course to pursue for
the interests of public morality, as well
as the cause of my client in this case.
The Court-The court cannot further
consider the matter at the present
time. If the marshal allowed them to
come together at that time he was
very derelict in duty-very. And if
such thing occurs again, the court
the laws.
Mr.. Fitch-In the event of proceed
ings for an appeal, I ask that an ex-
ception be taken.
The Court-Certainly; take the ex-
ception.
Mr.. Fitch-We will move pro forma
for rehearing of the case on the
ground that the decision is contrary
to the law.
Mr.. Dunne-The United States OBJ
Jects to that upon the ground that IN.
court is without Jurisdiction to enter
tain motion of that character: ana
upon the further ground that the evil
aence amply sustains the courts opin-
ion. oeiii-
Inc Court-You can take the general
exception, Mr.. Fitch That will give
you all the rights that anybody will
have. VIZ
Mr.: Fitch would suppose would
resi- 1t upon this general proposition
nave looked Tor an authority would
rest 1t on this proposition. excenT
where the statute prohibits the admit
!ing TO bail, the court would have II in
us poWer-d1scretion- admit the do
PENDANT to bail.
Inc Court might have the power
10 stay the judgment 1 do not tbink
nave power to admit the party to
oaIi, II that discretion is left in the
court-but 1 do not apprehend that
there is any discretion: have no.
looked into the matter.
IL mas been decided by the western
courts that to allow in one of tbesa
cases the defendant to go on hail for
the tiIne, between the time of the trial
ana the time of the Determination Of
t, appeal, you could no more find the
ohlhaman SIX months after the anneaI
was taken than you could find a. needle
e.. uaystack. That is just an illus
tion made by a western 1udea az
understand as L
Mr. Fitch-I have another s,pees+io,.
70 make. This is the first time I baVa
ever received a censure from a CONT
aiu the further. fact that I have inst
stated TINS morning, as the reason WIZ
.naI portion of your honor's onin;n,,
III ~ ci6tielzes me should be modified
,ania. CooI.-Ihe court was very
ienlent IN the matter because tbero ~
quite a number of decisions ~ ti,e are
1ect that where counsel pending 80
eliai' GOES anything that will imnror,
cry aHect the result of the trial ~.
sIoe OF the knowledge of the court -
Is subject to the strongest nn,s;,, ne
punishment for contempt. Nav t,,is
tpurt ooes not believe in that. In fsat
.ie court mas not, except in ono -,
oon,,ip unlshed any one who has been
Lease neui IN TINS court except by the
90 penalty known to the law do
not think it necessary for a mo- ao
oe punlshed to the extent of tba To-, ~
sNe dignity and honor to tha Low ~
10 not exactly criticism of tho go
SCI except that it is a criticism IF III
ify it. NOW L can mod
; Mr, =, Fitch would rather if had
LAD the choice-I would rather
me of, $500 than to have stba. pay
lnent' and have the censura of ~,
court the censure that the co,r+ , e
passea upon me in this opinion ran,aie
,ns oi record. And in explanation
"u ", suggest to your honor
-, ne oourt-You had better bring thai
ny ny some later hour, or later date. am
II up this morning T r,;lI
s sL TO counsel that am NOT vii
q Is morning, and do not think she eii
eake up the hearing of these o4ha i.
cases that are on the calendar Yer
can u, bring it up at any time gu
Inc court does not want RI a.
.Iuo.ice TO counsel, and because he -
I'm makes his action very effeots
we, ana 1t was very unfortunata -
ample for young lawyers. 1t is tba 20,
distinguished men of the profassto,,. |
men OF great ability, like the Iearna5
sounsei, as everybody knows whosa
actions are followed by young "m nus
and 1t is for that reason that wa 49, rr,,s
AVE grown up In the law shouId ~
.s the citadel of justice with nor
COURT ADJOURNs i
With the final remark as above ouot-
"a, Judge Estee requested the adjourn |
nent of court. The trial of the case of
Ah Quot was not taken UP because of
he illness of Judge Estee, and will be
esumed Monday morning, to which
ime an adjournment was taken.