The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-04-22
SMITH CONTEMPT
HEARING BEGUN
LAWYERS COMMENCE A HARD
AND LONG BATTLE IN sU-
PREME COURT.
CIRCUIT JUDGES WITHOUT
RIGHT TO SIT EN- BANG.
Lewis Opens the Argument for the De-
fense-Davis Wants Smith Kept IN
Court

There was almost a library Of law
books on the tables Of the three lawyers
| in the case of Walter G. Smith. when
the Supreme Court met this morning
Abraham Lewis and Lorrin Andrews
appeared for the defendant, and George
A. Davis for the circuit court. Lewis
and Andrews had bailiffs piling the
yellow volumes up for them for some
| time but when Davis showed up he
proceeded to get even by ordering as
many tones of legal lore as both the
other two.
The defendant was in court again.
but did not remain, though Davis
seemed anxious to keep him there.
After the case had been begun An
drews inquired If Smiths presence
would be required throughout the ar
gument
Not if counsel consent to his alb
sence," said the Chief Justice.
Davis sat with bowed head and stud
led the toe of his boot We'll" said
Andrews, after a pause, 1--WE consent"
There was another silence during
which Davis never stirred nor took his
eyes of the interesting toe. Possibly
he was thinking Of certain cartoons
and hoping that the editor might be
kept to hear a forthcoming roast.
Have you any objection Mr.. Davis, A"
asked Frear.
"N-no, 1 suppose if he wants to go
and write his editorials it is all right
if the court thinks it safe. I have no
objection and don't want to keep Mr..
Smith from his labOrs, if the court
thinks it is proper"
Mr. Smith will be excused" said
| the Chief Justice and the defendant at
once left.
Attorney Lewis opened the case by
reading the legal papers that came up
| from the Circuit Court and the writ is
sued by Chief Justice Frear. Then An
| drews offered a motion to amend the
| petition for a writ, by inserting, in
| lieu of a general statement that the
/ proceedings were illegal and irregular,
/ a statement that such irregularity was
! In that petitioner was tried by court
which does not exist, to wit, the First
/ Circuit Court sitting in BancO, not by
| the judge concerning whom the con-
/ tempt was alleged to have been com
mitted or by the judge issuing the writ;
"That the order to show cause COM
manding your petitioner to appear was
| signed by one judge of the First Cir
/ cult Court, to wit the Honorable A. S.
/ Humphreys and that the trial was not
] held before that Judge; that the mitti-
| mus herein was signed by another
! Judge of the First Circuit Court to
/ wit, the Honorable G.. d. Gear, all of
/ which more fully appears from the
| pleadings and proceedings filed herein
/ At this Davis bobbed up with a ques-
| ton, Does it appear in the plead
/ ings and proceedings?' he said,
| "Where is it?"
/ Andrews said it did and Davis said
/ it didn't and the court quieted proceed
ings by calling him to order.
/ When Davis turn came he COntended
| that the order to show cause was not
/ issued by Judge Humphreys but by the
| First Circuit Court and was made in
the usual way-"witness the Honor
able A. s. Humphreys First Judge"
you are going into the merits Of the
case" said Chief Justice Frear. THAT
will come up later"
"But it must come up now" said
! Davis. THE court is not going to al
| low an amendment of this petition not
ia conformity with the facts and the
record"
The court finally disaIlowed the
amendment on the ground that it was
not necessary. The matters stated In
the amendment might be brought up in
due time.
Lewis then began his argument. He
said in opening that the case involved
| two great points, the rights given tC
courts by the legislature, to punish fol
| contempt, and the inherent right OF
free speech, free thinking, acting ant
| a free press. He then named fOur
points to legal defense upon which he
proceeded to elaborate as follows:
First that the contempt was con
structive if contempt at all and there
fore not punishable under the Hawai-
ian statute;
Second, that the publication com,
planned of referred to-a closed case
and was therefore not a contempt;
Third, that the defendant had purgeC
himself of contempt and
Fourth, that the proceedings agains
the defendant had been illegal, before
an Illegally constituted court, a self
constituted court there being no pro
vision for the circuit judges sitting er
banc.