The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-09-24
SHES A FEW BRICKS
At THE JUDGE
ON MAUI
GARIBALDI WILCOX APPEARS
AND MAKES STATEMENT THAT
HAOLEs DESTROYED CHINA
TOWN ON WINDY DAY.

The Commission convened at 10
O'Clock, Delegate Wilcox giving way to
an urgent appeal of George Davis for
five minutes talk. Others in waiting
were w. o. Smith, Kalauokalani and
Kalauokalani opio, Curtis p. Iaukea,
Emil Ney, w. l.. Haywood, Isaac Noar,
N. w. Holi and Mrs. Kaahanui ka-
waihoa, the two last named being con-
nected with a land case, Judge Frear,
l.. A. Thurston, A. S. Humphreys, A.
&. Gehr Mr.. Silliman, Samuel Parker,
Judge Dickey.
George Davis stated that last June
he went to Maui as Deputy Attorney
General where Judge KIlua was pre-
siding. The judge was unable to charge
or administer the oath to the grand
jury. At his request Davis attended
to these matters and made up other
charges. The local government
was cognizant of the mans in
competence. Judge Kalua was first
appointed by Governor Dole and hls
cabinet and later by Presient Mct<in-
ley. Mr.. Davis declined to make state
ments concerning Judge Kalua ) hab-
it's, but cited him as incompetent and
corrupt"
When the appointments to the Su-
preme bench were made, two were ap-
of ever having tried a case in any
court. These were Chief Justice Frear
and Associate Justice Perry, both first
appointed by the Republic Every
judge appointed in those days was
from Hartwell's office. He himself was
the first departure and had w. ..
Smith been in the country at the time,
the witness did not think he would have
been appointed. He qualified his charge
against Justice Frear as man of con-
siderable general competence. Judge
Perry was never engaged in litigation
before his appointment.
Witness wished to see the Organic
Act amended so as to limit the num-
ber of judges for this circuit to two.
His opinion was first contrary to this,
owing to the state of the docket. The
court should be divided into civil and
criminal classes so that both could sit
at the same time. The salaries of the
two district judges should be at least
$4,000, owing to the range of their juris-
diction. He criticised various laws now
in vogue He cited that he had been
fined and imprisoned during his law
career. Fortunately he had a good
friend, now dead, Senator Cushman
Davis, whom he appealed with a re-
sultant letter to the Attorney General
and a promise of investigation. The
witness had not pressed the matter
further. He urged that the Senate
should closely scrutinize all bench ap-
pointments.
Questioned as to the method of filling
vacancies witness oplned that S. b.
Dole, Judge Hartwell and w. o. Smith
had abetted the continuance of Judge
Perry and wished to interfere with
unanimous jury verdicts and also to
make bench appointments for life.
On temporary filling of vacancies,
the calling in of a member of the bar
should be repealed by change in the
Organic Act. A man for example
charged with murder or a case involV-
be judged by a man called in without
an oath and frequently without con-
science.
Senator Mitchell requested the wit
ness to refrain from argument. Davis
asked for a change of admins
as the present one had been in office
too long for the peace of the territory.
w. o. Smith, as amicus curiae, asked
Mr.. Davis whether he knew Judge Ka-
lua was corrupt. Witness stated
that he had been so informed, and was
convinced. Mr.. Smith asked of he had
not last week agreed with the Bar AS
sociation's memorial and If the ap-
pointment of Judge De Bolt had not
something to do with his change of
mind. Mr.. Davis said it had some
thing to do with 1t, but not all. On re-