The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-21
HUMPHREYS CONTINUES
HIS SClNDAlOUS
EVASION Of TRUTH
CONTINUED +, ON Page l.,

CONTINUED fl ON Page IL
S. Humphreys, while holding said office
of Judge, and while exercising the pow
ers and performing the duties of said
office in the case of the Territory of
Hawaii VS.. E. s. Gill, pending before said
Judge in the Circuit Court of the First
Judicial Circuit, Territory of Hawaii,
wherein the defendant was charged with
an assault with weapon obviously and
imminently dangerous to life, to wit,
pistol. unduly and improperly delayed
the decision of a plea in abatement In
terposed by defendant in said cause, and
duly submitted to said Judge for deci-
sion with view thereby of improperly
and unduly favoring said defendant and
weakening the case for the prosecutor;
which acts aforesaid on the part of said
Abram s. Humphreys were In disregard
of and constituted an abuse of the pow
ers of his high office
1t seems to me that this specification,
if it is true, should not only be included
under the charge of using my position
On the bench Improperly to promote my
own personal and political ends, but
should also form the subject Of a distinct
and separate charge, which, tf proved.
ought to result in my instant removal
from the position I now occupy.
Such charge should be-''That the said
Abram S. Humphreys, in violation of his
oath of Office, improperly and corruptly
used his power as Judge of said Court
to work a miscarriage of justice by 'un-
duly and improperly delaying The deci-'
sion of a plea In abatement interposed
by defendant in said cause and weaken
ing the case for the prosecution.''t If
such charge be proved, the President
cannot act too quickly in protecting the
people of Hawaii against such a Judge.
and my instant and summary removal
from my position is his imperative duty.
This charge is sought to be substantial
ed by the affidavit of Lorrin Andrews,
attorney of the Commercial Advertiser,
which paper is the organ of the Dole
administration and has persistently and
viciously waged war upon me and has
continually lampooned and cartooned me
by reason of my judicial acts. He is
also the nephew of L. A. Thurston, the
owner of said paper, whom it became
my duty recently to punish for contempt
in refusing to testify before the grand
jury. The affidavit of Andrews furnishes
a fair example of the quality of the al
legged bona fides with which these
charges against me are presented to you
and to the President. In part, the afil-
davft of Andrews carries it's own refGta-
ton of the charge which it is flied to
support, LOT Sdlu States lHat.
Judge Humphreys, who was presiding
at the term of the Court, stated that he
was disinclined to hear any portion of
said case, that deponent there
upon on behalf of the prosecution stated
that the matters involved in the plea
of abatement were merely matters of
law, that they did not affect the facts
In the case, and that it was very impor-
tant that an early decision should be
rendered in this case, and requested that
the Judge for these reasons should hear
the matter at once. The Judge there
upon stated that he would do so, and on
or about the 25th day of February. 1871,
argument was had in the matter at the
conclusion of which the Court stated
that he would reserve decision and would
decide the case as early as possible That
up to the date of making of this affidavit
no decision OF the said matter has been
filed" page 202)
Attached to said affidavit is an alleged
chronology of said proceeding in which
appears the following:
July II. 1901, e. S. Gill left the Tel RI
tory of Hawaii. July q, 1901, no decision
yet filed IN plea of abatement"
There Is in this affidavit and attached
chronological statement not only a sup
pressio veri, but an absolute falSificatio
of the record by the omission of a judi
cial act absolutely vital and pertinent
both evidently intended to deceive the
Attorney General and the President as to
the facts in the case.
The suppression of the truth consists In
this, that the departure of E. S. Gill
from the Territory is stated as and evil
IDENTIFY intended to be- understood as d
permanent departure, a skipping of the
country" thus terminating the proceed
ings against said Gill, when the fact is,
and it is well known to afiant to be,
that said Gill left Hawaii not permanent
" but for a temporary vacation, going
to San Francisco, from which place he
returned on or about August z, 1901, prior
to the time when these charges and aff1-
davits were forwarded from Honolulu
to Mr.. Hankey, the attorney who mas
come from Honolulu to Washington TO
urge my removal.
The Justification of the record consists
in the entire omission of the fact that
as soon as Judge Gear was appointed
and arrived at Honolulu l assigned the
case to him. This action was taken by
me because, having yielded to the i'm
portunities of said Andrews and OF Dep
uty Attorney General Cathcart, for the
Government, and of f. w. Hankey. Tor
the defendant, that 1 hear and decide
the plea in abatement, I became convinc-
eu mat LA AiS ~ SoNAAS Niu -,
matter in which the defendant, said Gill,
was the editor of a paper of whose stock
l was an owner, would be of very doubt
full propriety. and that the administra-
ton of Justice in my Court would there
by be brought in question, to the possible
loss of confidence by the people in the
integrity of the Court, and to the conSe-
ouent detriment of the administration or
Justice in the Islands.
: Having reached a conclusion and nav
ing become convinced that 1 had made
mistake in consenting to act in any part
of the case. assigned 1t to Judge Gear
&C soon as he was appointed and quail
fed and arrived in the Islands. So far
from having used my judicial authority
improperly in this instance, it seems to
me that / acted with delicacy and pro-
priety. The bad faith exhibited toward
tho President and the Attorney General