The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-13
IS CARTOON
CONTEMPT :?
CONTINUED from Page 81

Continued from Page 81
Territory OF hawaii. and within the
jurisdiction of this Honorable Court.
the said the Pacific Commercial Adj
| VertiSer, a newspaper printed, publish
ed and of general circulation within
said Honolulu, the said Walter G..
Smith. editor, and -, its agents.
owners, officers, servants and en-
ployes did make and publish for cir
culation, an insulting, contemptuous,
contumelious, disrespectful cartoon or
picture, intending and meaning there
by to throw disrespect upon the Hon
! orable George d. Gear. one of the
| judges of said court, and the presid-
ing Judge at both OF the trials herein
before named; and in said cartoon or
picture intending to and attempting to
| represent the former action in a ludi-
crous and disgraceful manner OF him
| the said Honorable George d. Gear in
] his official and judicial capacity, as
well as to prejudice the case of said
! defendant In the minds of the public,
and that by reason of said insulting,
| contemptuous, contumeliouS and diSre-
| spectful picture or cartoon, and in
| tending to publish animadversions on
| the evidence or proceedings in n pend
ing trial tending to prejudice the pub
| lie respecting the same, and to OBJ
! struct and prevent the administration
OF justice: and by knowingly publish
\ ing an unfair report of the proceedings
of the court. and malicious invectives
against the court and jury. tending to
bring such court and jury, and the
administration OF justice into ridicule,
contempt. discredit and odium. did then
and there and thereby commit con-
tempt OF court
'I will issue the order; the court will
Issue the order. returnable forthwith
said Judge Gear.
The matter was thought to be closed,
when Judge Humphreys remarked:
LAS First Judge OF the First Circuit
I was invited by Judge Gear to sit with
him during the hearing OF the matter
pending, which 1 deem to be proper.
This case affords a striking instance OF
the attitude of the attorney general
and his deputies toward the judges of
the United States Courts. II the attor-
ney general or his employees were in
spired by any sense of the honor, de-
cency or proprieties of their positions,
the attorney for the defendant would
not be here in the capacity which he Is
compelled to take. owing to the atti-
tude of the attorney generals depart
ment. The attitude OF the attorney
general and his employees has been one
OF hostility to the judges UP to this
time"
Both Judges have consented to sit
with me-" said Judge Gear, by way OF
explanation.
'I might say in justice to myself"
said Deputy Attorney General Dou-
thitt. in response to the remarks of
Judge Humphreys. that / did not
reach the court room this morning I'M
til twenty-five minutes before ten, and
that Mr.. Biting Immediately present.
ed his motion. He took the bull by the
horns, and appearing for the defend
ant, made the application. / am here
as an attorney employed by the attor-
ney generals department to try crimi-
nal cases..
Again Humphreys broke the silence.
1.-The statement of the deputy attor-
ney general I'm this matter is plausible,
said he. but it does not bear upon the
continued attacks by malicious and I'M
scrupulous persons in this Territory
upon the courts. The attorney general
should be bound by principles of honor
and decency, and loyalty to the court: |
but in reference to none of these prin-
ciples has he shown any appreciation"
George Davis had entered the court
room In the mean time, and started out
as usual with a long and violent TRADE, !
when Judge Humphreys again inter /!
rupted: These proceedings won't be |
necessary whenever we get judges ap- !
pointed by the governor"
Then Davis was allowed to thrash I
about at will. and said that no words. /.
even those OF Judge Humphreys. could ,
be too strong to condemn the bastard !
" attempt to bring the administration ,
OF justice in this Territory into disre-
pute, and TO condemn the cowardly and !
dastardly course OF the attorney gen.
eral. These attacks, he said, must /
cease, and he was willing to |
do all he could to uphold the court.
Then Judge Gear remarked that he was
in n measure concerned in the case,
and thought it proper that the court
should be represented by counsel so |
he appointed George Davis to appear
in his behalf. Adjournment was taken
at this time to 3 o'clock.
When court was convened again at
o'clock the room was crowded with at
torneys and spectators. The three
judges again took seats upon the bench
and Judge Gear inquired IL any return
had been made upon the citation. Mr..
Biting replied that he had given the
papers TO Deputy Sheriff Chillingworth
to serve. and he knew nothing further
OF the matter. The clerk here appeared
with the papers, and they were handed
to Mr.. Davis. who read from the re-
turn that no service had been made
upon Walter C. Smith, as he could not
be found up TO the appointed hour,
though due and diligent search had
been made. Davis then asked that the
return be amended, and the matter go
over to this morning, though ne said
McGurn had told him that he had ar
rived at the Advertiser office ten min
utes after Mr.. Smith had left He sug-
gested that Mr.. Smith must have
known OF the citation, and it was his
DUTY 70 appear ANYWAY. service or no