The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-03-12

In Judge Gears court this morning
Attorney 9. G. Biting called attention
to the cartoon in this mornings Adver-
tiser and asked for a continuance Of
the trial of Crimp Mccarthy, pending
proceedings to bring those responsible
for the publication into court, to an
swer for contempt Biting declared
that the picture was a malicious effort
to bring the court into contempt and
influence the trial by the jury. He pre-
Sented a written motion for COntinu-
ance based on the following grounds;
THAT this cause is set for trial be-
fore a jury, which has been duly i'm
panelled and sworn to try said cause,
upon this the 18th day of March, A. d.
1902, and that this cause is now pend
ing and in progress of trial in this
cause
THAT Including the allegation in the
first paragraph hereof contained and
Notwithstanding the prohibition of the
law, on this the 18th day of March, A.
ID. 1902, and while this cause is pend
ing and actually on trial in this court
a certain newspaper published in HO-
nOlulu, Island of Oahu Territory Of
Hawaii and within this jurisdiction,
called and headed as The Pacific Com
merCial Advertiser published a TidiCu-
lOus, absurd, libellOus and unlawful
cartoon, meant and intended to be sug-
[ &
Orable Judge before whom this trial is
pending, and tending and intending to
prejudice the public respecting the
I trial of said cause and particularly
against the Honorable Judge now pre-
siding over the trial of this cause, and
| to obstruCt and pervert the admins
tratiOn of justice; and,
THAT said publication is q knowing
and malicious invention against the
court and was intended and is intend
ed to bring said court into ridiCule con-
| tempt, disCTedit and Odium.'
| This gave Judge Gear an opportunity
| to express himself regarding ueWspa-
| per articles and pictures and he did
! so, including in his remarks quotations
| from the Penal Code, which provides
| a maximum punishment of two months
| for the sort of contempt alleged in this
| case.
| personally l care nothing about the
| articles and pictures" said Gear
| "They are a source of amusement to
me. L took this oath to administer
| justice to the best of my ability and
! knowledge of law and it is a matter of
! indifference to me how many untrue
/ animadversiOus upon me are made. In
| the present instance Mccarthy was re-
| leased because there is no such crime
as mayhem in the Hawaiian statutes
/ II he had been sentenced he could have
! Deeh released on haDeaS corpus. Ineit
is no question about that and if there
! is anyone in oahu Jail serving for may
| hem now, he may be released on ha-
| beas corpus. The decision was not only
mine but that of Judge Robinson sit.
| ting with me-"
Judge Gear also stated that the
prwspapeOs had misrepresented him by
saying that he had released the vii
liams boys but that the latter in fac
had been acquitted by a jury. "ThO
court administers law to the best o.
its ability and Knowledge continued
the judge, "and if there are errors the!
are errors of judgment, to which al
courts are liable.
81 have noticed time after time tha
local papers, regardless of the pena
laws or of decency and right, publisl
comments upon and wrongful report
of cases proceeding in court"