The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-28
LIKE A WOMAN scoRNED.pi
Hrrom the Hawaiian Star, May 2sth.l

that people should take at this moment
is not the one to consider. 1t is the
rights of clients before the courts, the
right of counsel before the Judges. as
sworn representatives of their, clients,
that have to be considered. 1t is the lib
erty of the citizen which has to be con-
sidered If the contention of the First
Circuit Court of the Territory of Hawaii
is upheld, if its methods are supported
in it's inquisitoral plans, the liberty of
the subject is gene and every honest Cit
izen lies under dread of the foul heel
of the lowest politicians that can be
foisted upon a community through ig-
norant votes, and more ignorant preju-
dice.
comes from the circumstances of the
case People were breathless when they
heard the Judge of the Circuit sentence
three prominent lawyers and good citi-
zens, men of unblemished reputation, to
thirty days Imprisonment. Ii the Court
felt that a contempt had been commit
ted a position which the Star denies,
fine would have accomplished all results
required to vindcate the law. The Judge
of the First Circuit, however, by his
sentences put himself on record as a
vindictive man, and not impartial
man. 1t was not the dignity of the
Court that he was vindicating, it was
his own personal Self-pride and over
weening conceit which had been wound
ed, and which strove under cover of jul
dicial authority to revenge private pique-
Think of Judge Hartwell, distinguish
ed veteran of the Civil War, a leading
member of the Bar, man who has had
a seat on the Supreme Bench, man
who might at one time have been Chief
Justice on the Islands-think of him be-
ioi1 NV h ic- cl,rf,f,
Judge, who stands before the communi-
ty self-confessed as having lived a life
before he came to this country which
was, to say the least of it, disreputable
if nothing worse. That repentance for
past misdeeds, and rehabilitation of
character should follow, all will allow.
The Star believing this, has never allud
ed to the past of the Judge of the First
Circuit Court. Now 1t is inevitable. The
community must look upon this picture
and on that-upon the unbalanced, re-
volver- welding .'roue' from Arizona and
elsewhere, and the grey-haired veteran
of sixty-five. whose hfe has been passed
among his fellow-citizens in honor and
honesty, and whose every deed can be
read like an open book.
On the thirtieth of this month we as
semble together to join our millions of
countrymen in honoring the dead who
fell for the cause of liberty and The in
tegrity of our nation. Had the will of
the Judge of the First Circuit Court
been carried out, General HartweIl, who
had CALAMITY led his regiment against
a hail of bullets, who had been wound
ed, who had had his horse shot under
him three times, who had been mention
ed with honor in general orders by the
commander in chief, would have been
locked up in jan while his few remain
ing comrades of that grand force which
saved the A.epublic marched to decorate
the graves of their fellows, whom they
soon must join. Think of it, and think
moreover that the old warrior had COM
mitted no crime, but had only incurred
! the mean hate of a petty mind.
What has the Judge of the First Cir
cult Court done foys his country? Has
| he sacrificed himself and his early ca
reer for her good? No one has ever
heard of it. AS far one can see. his
career has always been one of utter sell
fiShneSS. But one can let that rest 1t
may be charitably said that he had no
opportunity to better his country. He
certainly has not bettered it by his con-
duct on the bench. He has not bettered
| 1t by drawing around him men of noto-
riously bad character, who have no re-
| spect for either law or order, and who
apparently have been chosen to fill re-
| sponsible positions SO that the means to
do ill-deeds may make ill-deeds done.
The violence which Dan Burns would
not countenance in Sacramento may yet
be countenanced by an employer In Ho-
nolulu.
But the main point in Saturdays pro-
ceedings does not lie in the personal
matter, though that would be point
nph
ment. The point is the right arrogated
by the Court to imprison counsel. and
thus deprive clients of invaluable ser
vices. This aims at the liberty of the
subject The action of the Court on
Saturday was aimed to intinlidate coun-
sci in the future from filing their client. 8
pleas or presenting their protests against
| the Partially Of a Judge or juror.
If Judge sets out to be political
Judge he must expect to have his mo-
tives impugned. If man opposed to
him in politics is brought before him
on charge which is at its base poiiti-
cal, he cannot be surprised If those who
have the defence of the person charged
state that they do not think he can be
impartial AS a fact, he would be more
than human were he impartial But the
Judge of the First Circuit Court was
even more deeply involved than the mere
par tlallty IN politics would involve him
The Judge had had dealings with Wal
ter G. Smith, the accused. He had of
fered him the conduct of his paper, He
stated from the bench that this was so
He denied other allegations in MT.
Smiths affidavit. ANY one knows that
with the offer of editorship must have
come an explanation of policy. Mr..
Smith refused the offer The future
Judge was then in the position of a
woman who has offered herself and has
been refused. AS the poet says. Hell
knows no fury like a woman scorned. %
Could such a man, under such circum-
stances, be fit and proper man to try
MI. Smiths case? Common sense. and
not law, decides the question at once in
the negative.
what, under such circumstances. could
counsel do? Should they see their client
judged by a man who was notoriously
inimical to him? Was that their duty?
thousand times no, Their dutv was
to protect their client and in protecting
MIN they had to show how and WHY the
Judge was disqualified from trying the
case. The Judge himself, though denv-
ing Mr.. Smith allegations, showed he
was biased when he confessed that he
sent message to him recently which
was utterly and deeply inimical.