The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-13
IS CARTOON
CONTEMPT
Judge Gear Cites
Advertisers
Editor.
HUMPHREYS
ALSO MIXES IN
Takes Opportunity to Make At
tack Upon Attorney
General.

The publication 90 a cartoon in yes
terday's Advertiser is held by Judge
Gear TO BE- contempt, and acting UPON
the motion Of Attorney Biting. ne
issued a citation for the appearance
OF Walter G.. Smith. as editor. in court
n . o'clock this morning. The cita-
ton was issued shortly before
O'Clock yesterday. returnable at J. but
service was not had in time for APP
pcarance in court at that hour. and
was then granted. In the
meantime the case OF William McCar-
thy. which is now on trial. was contin-
ued. Biting in his motion asking that
the jury now sitting on the case be
discharged. as having been pretudiced-
Upon the opening of court yesterday
morning. Mr.. Biting presented a mo-
ton for continuance. based upon the
following grounds:
THAT this cause is set for trial be-
fore a jury which has been duly i'm
paunelled and sworn To try said cause
upon this the 12th day Of March. A ID.
1902. and that this cause is now pend
ing and in progress OF trial in this
court.
THAT including the allegation in the
first paragraph hereof contained ana
Notwithstanding the prohibition of the
law. on this the 18th day of March, A
ID. 1902, and while this cause is pend
ing and actually on trial in this court.
a certain newspaper published In Ho-
noluIu. Island OF Oahu, Territory OF
Hawaii and within this jurisdiction.
called and headed as The PACING COM
mercial Advertiser published a ridicu-
n
cartoon, meant and intended to be sug-
gestfve and contumelious OF this hon
orabIe Judge before whom this trial Is
pending, and tending and intending TO
prejudice Nthe public respecting the
trial of said cause and particularly
against the honorable judge now pre-
siding over the trial OF this cause, ana
to obstruct and pervert the admins
tration of justice: and.
THAT said publication Is knowing
and malicious invention against the
court. and was intended and is intend
ed to bring said court into ridlcuie'
contempt. discredit and odium
Judge Gear took the view that the
trial OF the case having been started.
the cartoon was contempt, and he quot
ed from the penal code relating TO
contempt OF court. He said further:
personally. I care nothing about the
articles and pictures. They are
source OF amusement TO me. TOOK
This oath to administer justice to the
best OF my ability and knowledge OF
Iayr and IL is n matter OF indifference
to- me how many untrue aniInauNer-
sious upon me are made. In the pres
ent instance Mccarthy was released De-
cause there is no such crime as may
hem in the Hawaiian statutes III ne
had been sentenced he could have oeen
released on habeas corpus. There IS
no question about that. and II there
Is any one in Oahu jail serving TOT
MAYHEM now. he may be released on
habeas corpus The decision was mo-
only mine. but that Of Judge Robinson
sitting with me-"
The court stated further that he had
been misrepresented by the papers In
their publishing that he had released
the Williams boys. when in fact they
had been acquitted by jury. Time
after time" said the court, 1.-The news
papers published comments upon, and
wrongful reports OF. cases in this court.
in total disregard OF the penal laws or
of decency and right. This court ad-
ministers law TO the best OF Its aoh-
t,v and knowledge. and IL there are
errors. they are errors OF Judgment TO
which all courts are liable
Iudre Gear continued the matter un'
al II O'Clock in order TO give Biting
zinc ,o prepare the necessary afiidavit'
ord the Jury was excused until
o'cIock. Biting evidently didn't believe
the matter of immediate Importance
g. :, was Il O'Clock before he finally
IaIsurely walked into court with th'
necessary papers. though Judge Geai
bad been impatientiy waiting on the
bench for nearly an hour.
Judge Robinson and Judge hum
,,t,revs appeared with Judge Gear upor
,he bench when the matter was called
IN for the second time at II O'Clock
Ritting began TO apologize for keeping
,be court waiting. when Gear inter
ruDted. telling him to present his am
daVit. -,
Mr. Biting then began to read the
aHidavft reciting the trial OF the mrs
case against Mccarthy. the conVlctloi
h, n Jury. and the subsequent actor
- Judge Gear in releasing him. on th'
,,-,,,nd that the crime Of mayhem nae
NJ MACE in the Hawaiian statutes. Ih'
aHidavft was based upon section 20 o
the Penal Code OF 1897. The athoaNi
closed with following specific charge
THAT on this 18th day OF March. A
n 1902 at Honolulu. Island or Oahu
fCoptfnued on Page I'D