The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-06

AN act committed in n room near the
court room and while the court was In
session was I'm the presence" OF the
court. Il appeared that the act consist
ed of an attcmp; to influence one who
had been impaneiied as a Juror FOR the
term but before he was called FOR the
particular case. Apparently IL was In
fact Gas appeared BY the record of the.
lower court. In r. cuddy. 40 Fed. r.
-. hut not by the record In the SUI
preTuc CourD committed a quarter of
a mile from the court house and when
the court was not in session. The court
saId In substance that neither the Pc
titiOn for the writ nor the part u the
record of che lower court that was pro-
duced showed the particular locality
where the act was committed. and that
Upon a collateral attack by habeas cor
pus. every intendment was made in
support OF the Jurisdiction OF superior
courts. and remandcd the petitioner TO
custody.
The present ease Is before us in a
very unsatisfactory state. The mitti-
mus seems To- refer To two convictions.
both. however. apparently intended TO
cover the same or nearly the same
ground. the one referring for the facts
Ia the affidavit ON which the citation
was issued. the other purporting to set
forth the facts and. among other
things. stating that the published mat
ter was false. malicious. etc. and had
special reference 10 the case on trial
and To- the Judge presiding therein. and
was circulated and published In the
court room during the trial OF the case.
that IL was calculated to and did preju
dice the minds OF the jury and pre-
vent a fair and impartial trial and was
calculated To- and did obstruct the court
iu the administration OF justice. and
In It's duties In the trial OF the case
then pending and undetermined. what
puTpOrts to be transcript OF the
stcnographer's notes OF the proceed
inEs shows only one conviction. which
refers TO the affidavit for the facts. 1t
contains also an oral opinion delivered
by another Judge who was with the
trial Judge on the bench: also the tes-
;imony OF certain witnesses. which
shows that the jurors In the pending
case saw the alleged contemptuous pub
lication In the hall and room adjoln-
ing the court room. II not In the court
room itseif. but does not show what
the petitioner had 20 do with its cir
In or near the court room as
from the city at large.
nor does IL show whether the court was
IN session at the time. Whether the
presiding Judge himself saw the 1aper
In the court room during
the trial does not appear except hy tn
recital In the mlttiuus. Thc tran .-ript
does not indicate that q contains all
the evidence. though there = nothing
20 show that u does not. nor Is the
usual stenoFrapher's certificate attach 7.
ed 20 ~. though 10 r. signed b. the
stcnoErapher. nor was ii made n part
q che record In this court. nor does L. .
purport 20 have been fled or 10 be a
part of the record IN any court We
would b. justified. however. In over
looking these Irregularities as counsel I
m both sides have taken % for granted .
hat the ;Fans cript was complete and
4 part 0f the record. The afifavit
tets forth n substance That the pe;i-
.i0rer made and published for circule-
ion the matter IN question. in;endlns I