The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-05-31

ment Of Walter G., Smith fell yes
terriay morning at 10 o'clock. The
court room was well filled with
people who expected 90 hear something
drop, and with lawyers who are deeply
Interested In the pending case. Mt.
Smith was accompanied by his attor-
neys, Messrs. Ballou, Kinney, Andrews
and Hankey, Judge Hartwell refusing
to practice before Judge Humphreys
unless his clients rights We're again inn
periIled Among the lawyers present
Tom Fitch occupied a prominent seat
Outside in the hall Bailiff Lewis rub
bered in an atmosphere OF gloom. Turk
was absent. The proceedings began
with the rising Of Mr.. Fitch, address
ing the court-n court by the way,
that looked as II 1t had been sitting up
nights trying to figure out what had
struck It,
Mr.. Fitch. May 1t please your Honor,
I ask the privilege of saying few
words in what. were II before a legisla-
tive body, / should call a question
Of privilege, and think 1t may be prop
eriy so considered in court
find In the Advertiser of yesterday
norning-I have not been able to be here
before and now bring the attention OF
the Court to tan affidavit made by Ar
thur w Pearson, in which among other
things he states that said Oscar Lewis
referring thereby to the bailin of this
oourt-accompanied by Turk, his former
partner. called on me at my office. Lewis
said to mo that he had some informa-
ton to give me on the dead quiet and
said that Tom Fitch had told him that
the officials-meaning Secretary Cooper
and ex-Superintendent OF Public Works
McCandless, whose case was then pend
ing before Judge Humphreys upon the
charge OF contempt-would be discharged
by Humphreys next Tuesday on the
grounds OF hearsay evidence, but that
said Judge would burn them up in his
decision.
I do not know OF course, what Mr..
Lewis may have said to Mr.. Smith or
Aow Mr.. Smith may have interpreted
what Mr.. Lewis said to him, but l do
know that neither
The Court MIR. Smith do you mean?
Does that affidavit say Mr.. Smith?
Mr.. Fitch. Mr.. Pearson of the Adver-
siser had mixed Mr.. Smith up in my
mind with the Advertiser.
4 do know that neither to MIR. Lewis,
the bailiff OF this court, nor to any other
person at any time or place anywhere
nave / undertaken to state what the de-
d C1GlOl OF TINS WOulU De upon any
question 1t would be impossible that l
snouid do such thing. or course.
Go not know: / think likely l may have
said this: 1t is altogether possible that
I did say this; in fact, l remember that
mfr. Lewis came to me while l was seat
ed at this table; l don't know how long
after the argument, whether 1t was the
same day or the next day, and asked
mo how the case would go, and 1 made
answer to him that l did not see how
your Honor could decide any other way;
the remark was made without thought,
with no idea that any attempt would be
made to make merchandise of 1t; that /
did nod see how your Honor could de
eide II any other way than to discharge
-she rule on the ground of the testimony
being hearsay. In fact, l had said that
elsewhere openly In fact, l believe
said substantially that in the argument
that / made here.
l was called upon by the Court to act
as amicus curae in the case, and have
never believed that the duties of that
position called upon the person who fill
ed 1t to DO anything else than to advise
the Court without reference to what he
might suppose TO be the views of the
Court: but to advise the Court as to
what he believes TO be the law in the
case. Salu tutlli anu / nave Sdlu SlilC',
l have no hesitation In saying now, that
40 not see how your Honor could de-
eide the case in any other way than to
discharge the rule on the ground that
the parties had testified that the evil
dence brought to their knowledge was
hearsay. i endeavored to discharge the
duties of amicus curae with fairness and
certainly without malice, for l possess
none and have none now in the case, nor
did say, nor could | have said that 1t
was the intention of your Honor to burn
them up alive. In fact, the two state
ments are inconsistent If the Court
discharges them on the ground that no
law has been violated, l could not pre-
sumo that the Court would take it upon
itself TO make any remarks that We're
other than appropriate TO the occasion.
The matter may seem of small conse-
quence. but ! do not like to be placed
upon anybody's statement or inadver-
tence before the community or before the
Court in the light of expressing opinions
eyen-Certainly in the light of stating
from the basis OF any knowledge what
the decision OF the Court would be. /
have never. as your Honor knows, had
any conversation with you directly or in
directly on this subject, or said any
thing to you about II except what l
improper for me TO do that as It would
he for your Honor to listen 10 IT, If YOU
would listen to Il. as ] know you would
not.
There are other matters in this am
iayit which are perhaps more the bust
ness of the Attorney General than they
are OF mine, relating to an attempt d.
lhc bailiff 20 sell what he did not huyr
and could not get II he did that tn Nr
-Smith-a verdict of acquittal from ell
Jury TO be picked for that purpose,
thank your Honor for having given me
your attention on this matter 10 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 80 much OF the mat
ter set forth In the alleged affidavit a.
reflects upon The Court and na reflects
upon Colonel Fitch
The Court never al any time had ans
conversation, 40 Colonel Fitch has stat.
ed. with him with reference 20 hls du-
tieA AS amicus curac in the matter III
Henry ". Cooper ana In the matter oi