The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-06

did not say that he would not, and, there
fore left il possible, Ii not probable, that
he would. Thereupon in the course Of
the proceedings, motion for a change
of venue to some other Judge was made
and in support of the motion an affidavit
by Smith was presented to show that
Smith could not have a fair and impair
tial trial before Humphreys because of
the prejudice of the Judge against him,
growing out of their personal relations.
This affidavit went infinitely into the re-
Iations that had existed between the two
men, and detailed alleged conversat' ons,
in which Judge Humphreys in his efforts
to secure Smiths services for his own
paper, had laid bare his ambitions to be
the first senator from Hawaii. when she
should become a State, and pictured such
a state of mind of vanity and egotism
on the part of Humphreys. as, If it ex-
listed would bring him into public con-
tempt If it became known, and such Bit
terness on the part of Humphreys when
Smith refused to accept his service, as,
if it existed, would naturally preclude the
probability of a fair and impartial trial
Judge Humphreys stopped the reading
of this affidavit as soon as its character
was revealed, and later committed to jail
for contempt the lawyers who presented
it. These were the firm of Kinney, Bal
lou & McClanahan and Gen. A. s. Hart
well, the firm being the most prominent
-
General Hartwell, a veteran of the civil
war. a man who had reaped many hoaors
in Hawaii, and undoubtedly the leading
lawyer of this Territory.
OF course this action on the part of
Humphreys was soon made public. and
created the intensest excitement. 1t ar
rayed nearly the whole community
against Humphreys. for the moment at
least The prominence of the attorneys,
and especially of General Hartwell. the
fact that 1t was Saturday, and that they
would have to remain in jail over sun
day at least, staggered the community.
Acting Governor Cooper Governor Doie
being on the Island of Hawaii at the
time), without waiting even for an april
cation to be made to him, issued pardons
for the committed attorneys, acting I'M
der a very comprehensive power confer
red by the Territorial Act.
The bar association was very soon after
called together, and the decision to prefer
charges against Judge Humphreys was
made. There can be no doubt that this
action represented the sentiment Of the
bar of Honolulu. Practically every attor-
ney IN active practice was there. No de-
fence of Humphreys was attempted. The
only opposition to the resolution con-
demning him was an effort to secure AN
amendment for an investigation as to the
facts before asserting them as facts, ana
these efforts were made almost entirely
by attorneys who were under personal or
professional obligations to HIM, or had
sustained close personal relations with
him. And even these were in hopeless
minority. But while 1t has been sought
to make 1t appear that al these contrC-
versies have grown out of the antagon-
ism OF Dole to Hump hreys II none OF
them have they been SO. They have been
controversies between Humphreys, sup
ported by his following, and men who
have been supporters Of Dole, bur "a sed
by some act of Humphreys against them,
and growing out of matters almost WHOM
~ aside from the fact that they Were
supporters of Dole. L Is a far inference
that they have been largely animated by
antlgCnism - Dole, or an ambition and
des re of the fu-filment Of which Dole
and his supporters stand in the way. bu,
Governor Dole has never taken up the
gauntlet at any tine thus thrown down,
nor allowed himself to be swerved from
his path of service as governor
Judge Humphreys has made himself
the instigator Of unrest of antagonism
20 things that are. of change or reform
unless brought about by audiences anu
overturning action. He has made HIM
self the central figure In the impatient