The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-27
TOUCHED ON
The TENDER
Humphreys Bares
His Feelings
to Knox.
Why PENALTIES
WERE INFLICTED
He Mas DESTROYS Of Making His
Court a Model of Propriety
and SO Moved.

No point made by Judge Humphreys
is so full of his personality as that
which is based upon the now Well
known contempt cases which directly
led to the charges. In his answer the
Jurist shows just how raw and tender
is his feeling under criticism. The ex-
cerpt follows:
G) W. A. Kinney, 5. NJ. Balou, \. 5
Hartwen, in Furnishing said parties with
Imprisonment for period of thirty days
for contempt.
The following are the detailed proceed
ings, as shown by the record:
Mr. Kinney: May it please the Court,
Judge Hartwell and our firm, Kinney,
Ballou & McClanahan, appear for the de-
PENDANT, and before the arraignment I
should liqe to ask in a ninformal way
of the Court. whether the Court intends
to try this case.
The Court: Whether the Court intends
to try this case?
Mr.. Kinney: Your honor intends to try
the case?
The Court: Why do you make that in
quiry?
Mr. Kinney: Because, if the Court
asks, l would state that If the Court in
tends tO-had intended or does intend to
try the case, that then l would interpOse
a motion opposing it; but that | do no
wish to interpose my motion if as a mat
ter of fact the Court itself has made up
its mind not to try the case; 1t would
be unnecessary and would in my judg-
ment be improper for US to interpose the
motion until there had been some init
nation certainly that it was necessary.
Tho Court is ilnnosSiDla the
Court 10 say now whether it will try this
case or not If. without avoiding any of
its responsibilities this Court can assign
this case to Judge Gear for trial it will
do so; otherwise, it will hear the case.
You may make any motion which you
deem proper; if it is proper motion it
will be considered; if it is an improper
motion it viii be treated as such.
The Court: Call Walter G.. Smith to
the bar.
Do you desire to interpose a motion,
Mr.. Kinney?
Mr. Kinney: Now I interpose a motion,
which if it prevails, would prevent the
arraignment Of the prisoner before your
honor.
The Court: Read the motion.
TIE MOTION.
In the Circuit Court of the First Judicial
Circuit for the Territory Of Hawaii.
Territory of Hawaii VS.. Walter @.
Smith-Perjury.
Suggestion Of disqualification of Hon A
S. Humphreys and motion to assign
case to some other Circuit Judge.
Now comes Walter G. Smith, defendant
in the above-enutled cause, by his at
torneys A. S Hartwell, and Kinney,
BaIlou & McClanahan, and suggests the
disqualification of Hon. A. S. Humphreys,
first Nudge of the Circuit Court of the
First Circuit, in said cause, on account CT
bias and prejudice on the part of saId
Judge against this defendant;
Wherefore, defendant moves that said
cause be assigned for trial to some other
presiding Circuit Judge. This motion is
based upon the record and upon the atti-
davits herewith and made part hereof.
(Signed) WALTER G. SMITH.
BY his attorneys:
a s. HARTWELL and
KINNEY, BALLOU & MCLANA-
HAN.
Honolulu. May 25, 1901.
THE AFFIDAVIT OF WALTER G.
SMITH.
I Following the reading of the motion,
I Mr. Kinney proceeded to read the follow
ing affidavit by Walter G. Smith.
/ EXHIBIT 2.
| Affidavit Of Defendant in Support of sug-
/ gcsrion of Disqualification Of A. ).
/ Humphreys Judge Of the First Circuit
! Court Aforesaid.
I Territory OF Hawaii, Island Of Oahu
IS.
( Walter G. Smith, the defendant in the
above-entitled action, being duly sworn,
/ dcposes and says:
| That he knows y. 5. Humphreys, first