The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-03-13

ElJllOt WALTER Il. SMITH OE
THE ADVERTISER WAS FOUND
GUILTY OF CONTEMPT THIS
MORNING BY THE THREE JUDGES
OF THE FIRST CIRCUIT COURT
SITTING EN- BANG. THE DECISION
OF THE COURT WAS GIVEN BY
HUMPHREYS. AND GEAR, AS PkG-
SIDING JUDGE. PRONOUNCED "A
SENTENCE OF THIRTY DAYS I'M
PRISONMENT, WITHOUT HARD
LABOR, IN OAHU PRISON. THE
CASE WILL BE TAKEN TO THE SU-
PREME COURT ON HABEAS COR
PUs PROCEEDINGS SMITH is NOW
IN CUSTODY.
Editor Walter G. Smith of the Ad-
vertiser appeared in the First Circuit
court this morning in answer to the
citation issued yesterday for contempt.
! Judges Gear, Humphreys and Robinson
sat en- banc, and the courtroom was
crowded. A much larger room could
have been filled by those who wanted 10
hear the proceedings, and many main-
! ed standing in the hallway and in the
| library adjoining throughout three
! hours of talk
Attorneys Smith and Lewis appeared
! for the defendant. and Smith opened the
4 proceedings with motion to discharge,
which it did not take the court long to
| overrule. The motion was based on
/ four grounds as follows: That the act
! complained of did not in law constitute
contempt that the court had no juris-
! dictiOn to punish for publication not
made in the presence of the court; that
| the cartoon complained of had been
published by the defendant Without
| knowledge of the fact that the case to
| which ii referred was still pending IN
court and that under the Hawaiian
statute there can be no punishment for
| constructive contempt.
/ Davis proposed to Introduce evidence,
| but the court stated that the motion,
which was in the nature of a demurrer,
wou have to be disposed of first Hum
| phreys suggested that the third ground
stated was not properly a part of de-
murrer. Attorney Smith agreed that
! this was the case, and agreed to strike
out the claim that the editor had not
/ had knowledge of the fact that Nc
Carthy case was pending, to be a matter
of fact for proof on trial.
1--WE are all of the opinion that with
/ that stricken out the motion should be
| denied" said presiding Judge Gear, and
Attorney Smith filed Walter G. Smith S
return and answer to the citation.
The editor first acknowledged that he
was the editor of the paper known as
the Advertiser, in which the caFtoon
COmDlained of was printed.
When the cartoon was published
/ Smith stated he did not know that the
trial of a case where assault and DaL-
terry was alleged against Mccarthy was
pending. He knew that Nc Carthy had
been tried for mayhem and discharged
prior to the date of the publication oi
/ the cartoon, but did not know that an
other indictment against him had beer
found, on the same state of facts.
Smith stated that the cartoon related
solely to the case i'm which Mccarthy
had been discharged, and that the pub
Iication had not been made with intent
to prejudice the jury in the later case
or influence the course Of justice.
'I notice that in your answer you eX'
pressly refrain from disclaiming any in
territorial personal disrespect to the pre-
siding judge of this court" said judge
\ Humphreys. rs that mtenuOnal, OF
nadVertent?"
w. O. Smith replied it was intentions
al, but later in the proceedings he made
a correction. Then he objected to Hum
!, phreys' questions and remarks stating
that he understood that Judge Gear was
hearing the case.
"There are three judges sitting to-
gether in this case" interrupted Gear
land all three are hearing the matter.
i you will govern yourself according
" as far as 1 am concerned" said Hum
phreys, who didn't seem to like the
attorneys objections to his remarks.
Attorney Smith stated that he had no
intended to treat the court with ais
respect, and would always try to shov
due respect.
you will be required to do So" sail
the first Judge.
"I treat this court with respect" SAT-
Attorney smith. with some heat, "an'
1 demand the same treatment"
Davis called c. Motley to the stand
, Motley is one of the jurors in the pend
ing Mccarthy case. He testified tina
he was on the jury and that the cas-
was pending. He saw a copy of the Pa
cifc Commercial Advertiser yesterda,
morning and saw the cartoon.