The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-05-29

enee before the community, or before
the Court, in the light Of expressing
opinions even--certsinly IL the light Of
stating from the basis o. any knoSi-
edge what the decision Of the Court
would be. I have never as your Honor
knows. had sny conversation with you
directly OF indirectly u this subject
OF said anything TO you about II. except
what I have said in open Court Il
would be as improper for me to do that
as Il would be for your Honor To lis
ten 90 It. II you would listen TO it. as ]
know you would not
There are other matters in this afa-
davit which are perhaps more the bust
ness OF the Attorney General than they
are Of mine. relating to an attempt Of
the bailin 20 self what se did not have
ard could not get II he did that 10 Mr..
Smith, verdict Of acquittai from al
jury 70 be picked for that purpose. ]
thank your Honor for having given me
your attention on this matter TO SET
myself right as / have stated.
The Court-The Court is very much
obliged TO Colonel Fitch for having
called It's attention to so much OF the
matter set forth in the alleged afida-
VT as reflects upon the Court and as
reflects upon Colonel Fitch
The Court never at any time had
any conversation, as Colonel Fitch has
stated. with him with reference 10 his
duties as amieus curae N the matter OF
Henry z. Cooper and in the matter OF
J. A. McCandiess and IN the matter OF
+. p. Dole, except a conversation OF
the most informal character in which
the Court indicated to the amicus
curae the points which II thought were
involved and the arguments which *
thought likely to be urged at the Bar,
so that he might properly prepare him
self for presenting them TO the Court.
These points were not amplified upon
by the Court nor did the Court in dis
eussing them with Colonel Fitch fol-
low them in their various ramifcations
AS before stated, the conversation was
OF the most informal character. not
enduring for a period OF time exceeding
perhaps five minutes, and think there
was only one eonversation-ther may
have been two. The Court had some
conversation with Mr.. Thompson, one
of the amicus curae, and some CONVEX
sation with Colonel Fitch, but it is now
under the Impression that it had only
one conversation with each OF these
gentlemen. Possibly there were two
conversations with Colonel Fitch, but
those conversations were OF the most
informal character and were not at all
private in their nature.
AS TO the other matters set forth In
the affidavit and to which my attention
has been unofficially called. | desire to
say. that it appears from the affidavit
that the alleged offer of Bailiff Lewis
20 corrupt himself in the interests Of
one who stands indicted in this Court.
Is alleged to have been made on May
Esd. II that offer was made-if the
offer was made by the bailiff OF this
Court on May Esd to any reputable eiti-
zen In this community, it was the
bounden duty OF that citizen. bound by
ell the obligations and by all the ties
OF civic duty to report that matter at
once either TO the Court or the Grand
Jury or to the Attorney General. in or
der that IL might be taken in hand.
Instead Of that the affidavit was put
iE pickle. apparently, brined until the
9th day OF May when il was published
among other attacks upon the Court.
Now. no matter what a mans charac-
ter and position and standing may be
In this community in the estimation
OF some OF II. any considerable portion
OF 1t. OF in the estimation of all of it.
this Court in the discharge Of its du-
ties cannot act upon a copy of an affi-
dayit appearing in the newspapers. II
Is not customary TO invoke the process
OF courts of justice by publications in
the public prints. There is no affidavit
before this Court; there is no COM
plant before this Court The Courts
attention has now been officially called.
not so much TO the alleged corruption
OF its bailiff. his willingness to corrupt
himself and corrupt other officials OF
eGN SOHAA. - 70 ttailtTS VI
privilege in the affidavit which con-
oerned Colonel Fitch alone. and which
OF course concerned the Court. The
Court cannot issue any rule to show
cause upon that document. II pur-
ports 20 be a copy-a published copy
q an affidavit. A proceeding to call
3 man TO account upon a copy of an
affidavit in a matter involving his in
tegrity and his honor. would be an un-
heard OF proceeding. AS before stated.
this Court is open and the Grand Jury
Is In session. II any citizen has any
complaint 10 make against any Official
OF this Court. that complaint win be re-
ceived and viii be promptly and fairly
considered and acted upon. But the
Court win not call upon any OF its
ofaeers. whatever may be the opinion
% this community OF those officers
this Court viii not call any OF its on
GERS 70 account. nor would it call any
eitisen in this community TO account
upon street rumors or upon published
statements made against him in the
press Of the city.
We have not arrived az that condi- |
lion OF the administration Of penal JUS |
tice where we invoke the process o, /
the Courts and put men upon trial |