Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-04-02
COURTS LOCK HORNS
Legal Tangle in Hawaiian
Jurisdiction.
TO BE ADJUSTED HERE
CIRCUIT JUDGES TRY TO OVER
RULE HIGHER COURT.
Case Arose Over Habeas Corpus for
Editor in Jail for Con-
tempt.
TO BE ADJUSTED HERE
Special Correspondence Of The Evening Star.

Special Correspondence Of The Evening Star.
HONOLULU, T. H. March 49, 1902.
The judiciary Of Hawaii has another
proposition to submit to the Department of
Justice at Washington, and, like the Ha-
waiian Bar Associations charges against
Judge Humphreys. it Grows out of a con-
tempt sentence. This time 1t Is the first
circuit court OF Hawaii against the terri
torial supreme court.
The circuit judges, sitting in banc, held
Walter G. Smith, editor of the Advertiser.
guilty Of contempt on account of the pub
LEGATION Of O cartoon which was held to
have reference to a case that was pending
before Judge Gear. The most noticeable
feature of the term Of court that was in
progress was the freeing of defendants on
technicalities. Motions to instruct the
5uries to acquit on various pleas and mo-
lions to quash indictments as faulty in
some respect or other were very plentiful
and often successful, and 1t was stated that
Judge Gear. the presiding Judge. had ten
dency to favor the criminals that was born
of his desire to see Attorney General Dole
make bad record. The Advertiser freely
charged this, and in the case Of one Nc
Carthy it made it the subject of cutting
cartoon.
Case Which Caused the Trouble.
The case which called forth the cartoon
was that Of one Mccarthy. disreputable
shipping master, who has served time be-
fore and who was charged with a most
brutal assault upon a woman who con-
sorted with him. He had been convicted
before of assaulting her. This time he was
indicted by the grand jury for mayhem,
having bitten her in a number Of places
during a quarrel. A jury found him guilty,
but Gear set him free on a motion in arrest
OF judgment, on the ground that the Ha-
Wauan statute failed to define the crime of
mayhem. He was indicted again. for as
sault and battery, and the Advertiser pub
lished the cartoon that was objected to
during the trial Of the second case.
The cartoon represented Mccarthy biting
Woman's ear, while Judge Gear. with
arms extended in the attitude of priest
giving a blessing, said: BLESS you, Nc.
Swillegan: bite her again.
Gear asked Humphreys and Robinson
the new circuit judges. to sit with him ir
hearing the contempt matter, and the three
judges found the editor guilty and SEN
fenced him to thirty days In jail. The SUI
preme court was appealed to and soor
granted writ Of habeas corpus making II
returnable on April l. to which date the
court had adjourned some time before
Smith was released on $500 bail.
Two Courts Lock Horns.
1t was after the issuance Of the writ thai
the courts locked horns. The circuit Judges
decided that the writ was void. on the
ground that Smith had never been taker
before the supreme court, and that tina,
court had therefore never properly taker
jurisdiction. There was talk of trying tc
enforce the sentence Of the circuit court
in spite Of the supreme courts writ o.
habeas corpus with an order admitting the
editor to ball. but this was abandoned, ane
an appeal was made to Chief Justice Frear
who had issued the writ of habeas corpus
and made the order admitting Smith t.
ball
Frear held that he proceedings had beer
regular" and refused to take any further
action in the matter. The writ therefore
remained in force, and the-editor Is at lib
erty. while the circuit judges decided upor
an appeal to the Department OF Justice.