The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-14

wv Pacific Commercial Advertiser,
was adjudged guilty of con-
tmpt OF court by Judge Humphreys
es,erday. and by Judge Gear sentence
4 TO thirty days imprisonment at
ahu Prison Judge Robinson also sat
pom the bench, and according 10 Hum
hreys. concurred in the findings.
Mr.. Smith was detained in the court
pom until after o'clock in custody OF
bauin. then the long delayed mitti-
ru- was served and he was taker to
be police station. where half an hour
later he was released upon a writ Of
abeas corpus. The writ which was
ssued by Chief Justice Frear. was
made returnabIe on the first day Of
&he next session OF the Supreme Court,
which Is Monday. April 21st. adjourn
tnent having been taken yesterday for
The term
The court room and corridors were
trowded when court convened yester-
6ay morning. The time for the return
ksc- axed at o'clock. but IL Was If
I'm minutes later before the three
6ges marched into the room. Hum
Msys In the lead. and took seats upon
| ke bench
Hudge Gear opened the bali. by ask
ling ~ any return had been made. w.
10 Smith. appearing for the respondent.
replied that w. c.. Smith was in court.
ready to put In an appearance Davis
stated that he would like to introduce
some evidence. when Mr.. Smith said
that he first wished to present mo-
tion to discharge the rule which ne
read as fOllows-
MOTION TO DISCHARGE RULE TO
SHOW CAUSE
Now comes Walter G. Smith. the re-
spondent in the above entitled con-
tempt proceedings and moves the
court that the rule TO show cause why
the said respondent should not De
punished for contempt herein. be dis
charged. upon the following grounds:
THAT the act complained of In the
motion upon which said rule to show
cause is based. Is not. In law. a con-
tempt OF court for which the court has
power to punish this respondent
II-That this court cannot legally
punish as for contempt a publication OF
the nature of that herein complained
OF. made in n newspaper and not done
I'm the Immediate presence OF the court
III-That the publication Of a cartoon
or picture. such as that complained of.
done without knowledge by the person
so publishing the same that case
pending before the court would or
might be pretudiced thereby. or with
out knowledge that any such case was
pending, Is not a contempt OF court.
and cannot be punished as such.
Iv-Under the statutes OF the Terri
tory of Hawaii. no publication out OF
court In relation TO the court or TO
any OF it's members amounts To con-
tempt, and the same cannot be pun
ished as SUCH
Honolulu, March 13. 1902.
WALTER @. SMITH.
Respondent.
kl-t here again asked for leave TO
~ q ice evidence. which Judge Gear
refused to allow. stating that the mo-
tion was in the nature OF n demurrer
and must first be disposed OF. He re-
marked further that the third para
graph was improper pleading, to which
Mr. Smith assented. Judge Robinson
then said that the court would give
leave TO amend by striking out that
which was accordingly
done.
Judge Gear then announced: win
that part stricken out. We are all OF
the opinion that the motion viii be de-
MED"
Mr.. Smith thereupOn presented the
return, reading as follows:
IN THE CIRCUIT COURT OF THE
FIRST CIRCUIT, TERRITORY OF !
HAWAII.
February Term, 1902.
Terrftorv OF Hawaii vs. William Nc
Carthy. re Contempt Of Walter e.
smith.
RETURN AND ANSWER OF WAL .
TER @. SMITH
Walter G. Smith. the respondent IN
the above entitled contempt proceed
.uRs for return and answer to the cita-
titn and order herein. and TO purge the &
E Attempt herein alleged, says:
t--That he is the editor OF the news
nf f--caIIed THE Pacific Commercial
zertiser." printed and published In .
3, 4oIuIu. IN which was printed the