The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-27
GEARS FUTILE DEFENCE.

GEARS FUTILE DEFENCE.
The Bulletin Iabors through two col
smns or so of explanation" of the
causes which led Gear and Humphreys
TO open the jails to inmates and shut
them to persons whose offences should
have sent them there sample explana-
lions follow &z4
MAYHEM-March 5-Wm- Mccar-
thy-Indicted by grand jury for may
hem; found guilty by jury; discharg-
ed by the court on motion Of Davis. on
ground that mayhem is not a criTie in
Hawaii. Humphreys in former case
had taken opposite, view.
The Bulletin says. This is the fam
Gus case In which the Advertiser played
a prominently part by publishing a car
toon. while the case was on trial"
This Is not the same case at ALL The
Advertisers cartoon came out after the
mayhem case had been dismissed and a
case Of assault had been substituted.
III the Bulletin does not know or can
not tell the truth about the origin OF
the recent contempt case, how can IT
be trusted to give the facts about cases
that were decided months ago?
MANSLAUGHTER-S 13.-Naka-
Observation-Disclosures in the first de-
gree. grand jury indictment. Evidence
of a ten year old boy who witnessed
the crime ruled out, and the court
thereupon instructed the jury to return
a verdict for acquittal
The Bulletin says: Does the Adver-
tlser state why the evidence of this ten
year old boy was ruled out? No. 1t
does not even suggest the fact that this
boy when questioned on the stand
proved to the judge and to the prosecu-
tion for that matter that he did not
understand the sanctity of an oath, its
meaning or intent in connection with
the evidence ne was about to give. The
therefore holds Judge Gear
for ruling out a witness
whose testimony could not be given un-
der oath. The half truth OF the Adver-
tiser speaks for Itself
The court seized the opportunity to
rule out the evidence of bright ten
year old boy, an eyewitness of the al
legged crime who said he believed in
God and knew that he would be pun
ished IL he told a lie. THIS LET a
MAN-SLAYER GO. Not
long afterward the same court permit
ted an adult Chinese who said he was
a follower OF Confucius and knew
nothing OF the Christian oath. to testi-
~ I'm a libel case. That testimony
SENT AN EDITOR TO JAIL.
The Advertiser has notably omitted
the points OF law on which the prison
ers have been released and has in the
same criminal spirit failed to note in
stances in which the prosecution NOV
ed for q nolle proseQui
NoIie prosequi was entered because
previous decisions of the court. in sim
liar cases. made no other course posi-
bic.
GAMBLING-Nov. S.-Ah Ung-Ap-
peal from District Court; discharged
after conviction.
GAMBLING-Nov S.-Ah Choy-Ap-
peal from District Court; discharged
after conviction.
GAMBLING-Nov. S.-Ah Tim-Ap-
peal from District Court; discharged
after conviction by jury.
The three men above named were re-
arrested. and later found guilty by
Jury.
To which the Bulletin adds: This /,
was one case against three defendants.
Not one OF these men was discharged
after conviction"
Inc lastly OF the Duliellil Sldlc- 4
ments Is easy to show. 1t says that :
not one OF these men was discharged /
after conviction: yet in its own issue OF
Nov. 9th. in reporting the cases it !
says: al
The jury in the case OF the Territory
". All ing. All Choy and All Tim. !
charged with gambling RETURNED A
OF GUILTY yesterday ev-
ening after being out over two hours.
M Brooks. attorney for the de- /,
moved that the verdict be set
aside on the ground that the defendant
had not been arraigned on the charge
against him in this court and that no
plea was entered before going to trial.
The above extract achieves two ends:
one is To show the total lack OF verac-
ity or The Bulletin in dealing with the
story OF these cases and in trying to
clear Judge Gear: the other Is to show
that Gear. in permitting the cases to
go to trial without a plea. acted as far
a. he could in the interest OF the. Grim
inafs-
These examples OF the weakness OF
the Gear defence will suffice. The
Second Judge stands branded as the
friend OF criminals: as one whose hopes
for the success of crime" have been
realized as far as possible by his
course on the bench
%
General Wood has expressed his dis
approval OF the bill granting a tariff