The Hawaiian gazette., 1902-03-28

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tefn found tu.ltf It IuIy I.a. hl
81 ~ Co., COURT un WnuuH ri DAVIS .u
Fruund that mayhem Is nui % cfIm. lH
HA-aH Humphr.ta Ir fHfmer case
had essen opposite view
The Bulletin fafH This is me f1w-
ous ease ln which tse Advertiser p.ul %
= prominent Iuft by publishing o. car
tom. while thr case WHH on trial.
This ~ not ths sane case at niL Tie
Advertisers cartoon came uut aftrr ihe
HAytcm cnsr bad been dismissed H.i a
chs- ~ assault had been substituted.
N the Bulloua doves mot know of can-
not tell the truth about the origin ~
tho recent contempt case. how can D.
be- trusted % give the facts about cases
that were decided months ago.
EANsLAUGHTEE- sept i3.--Naka-
mura bars.aushter bon the hrst de-
gree. grand jury Indictment Eylden0.
ct ten year old boy Who witnessed
the crime ruled out and the court
thar~upou Instructed the jury To return
a verdict for acquittaL
The Bulletin says: Does the Adyer-
tiser state why the evidence ~ this ten
year old boy was ruled out? No. II
does not even suggest the fact that this
boy when questioned on the stand
proved to the judge and to the prosecu-
ton for that matter that he did not
understand the saactity Of an oath its
meaning or intent In connection WIN
the evidence he was about to give. The
Advertiser therefore holds Judge q ar
accountable for ruling out witness
whose testimony could not be given un-
der oath The half truth Of the AdNer-
tiser speaks for itself"
Tn. court seized the opportunity to
rule out the evidence OF bright ten
year old boy, an eyewitness Of the al
legged crime. who said he believed in
God and knew that he would be pun
ished n he told a lie. THIS LET a
PROBABLE MAN-SLAHER GO. Not
long afterward the same court permit
ted an adult Chinese who said he was
follower OF Confucius and knew
nothing OF the Christian oath, to testi-
fy i'm n libel case. That testimony
SENT AN EDITOR TO JAIL.
The Advertiser has notably omitted
the points of law on which the prison
} RlS nave bttn Itltat"th anu has III AhN
same criminal spirit failed to note in
stances in which the prosecution NOV
ed for II nolle prosequi.
| Nolle pIosequi was entered because
! previous decisions OF the court, In sim
liar cases, made no other course posi-
BILE.
GAMBLING-Nov S.-Ah Ung-Ap-
peal from District Court; discharged
after conviction.
GAMBLING-Nov s.-Ah Choy-Ap'
peal from District Court; discharged
/ after conviction.
GAMBLING-Nov S.-Ah 1im-Ap'
peal from District Court. discharged
after conviction by jury.
The three men above named were re-
arrested, and later found guilty by a
jury.
10 which the Bulletin adds: This
was one case against three defendants
Not one of these men was discharged
after conviction"
The falsity of the Bulletins state
ments In easy to show. 1t says tina
not one Of these men was discharge
after conviction; yet in It's own issue o
Nov. sth, in reporting the cases
says:
The jury in the case OF the Terrtor!
VS.. All ing, All Choy and All Tim
charged with gambling RETURNED
VERDICT OF GUILTY yesterday ~
ening after being out over two huur'
i M. Brooks, attorney for the de
! PENDANT, moved that the verdict be s.
aside on the ground that the defendan
had not been arraigned on the charg
against him in this court and that n
plea was entered before going to trial
The above extract achieves two ends
one Is to show the total lack Of verac
lty Of the Bulletin in dealing with tn
story OF these cases and In trying t
clear Judge Gear; the other Is to shoV
that Gear, in permitting the cases Z
go to trial without a plea. acted as IA
as he could in the interest Of the Grim
mails.
These examples of the weakness o
the Gear defence will suffice. IN
second Judge stands branded as tn
. friend OF criminals; as one whose hope
for the success Of crime" have bee
l realized as far as possible by hi
course on the bench.
L