The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-03-14

fsmff fIHfsfN Gff nH as fheH
~ iHl tat ihlf.'l .Htif 80
TO nN .a.af iaI afi.f ihr raau WIN
issus ere Nfiff faiHiIsHIa lIIthNIih
slIi 1ulft ntaf
IHr mHft.I NnH trHnf ll hf riatef
aN.H lulfl iuHIHtfs remarked
hs lfai iuiEI q tHU i4fti circuit
q Uaa invited tg iudU Gear Orb Did with
hHH fuune ihe hrtflna Hf tht matter
n1Nnf. which > deem f1 De- rf0ref
TIa case affords sigikinr Instance ~
t1e attitude 0f thr attorney general
and bic deputies toward the Judges az
tIr United states Courts NJ The att0r-
noy Eeneral or BITE employees we're In
FrIrod By ans sense ~ the honor, de-
cency or pr1prieti,s OF their positions
the attorney for the defendant would
not be here 10 the capacity which he il
compelled 90 take. owing 10 the atti-
tuic ~ the attorney generals depart
mcnt The attitude Of the attorney
general and his employees has been one
~ hostility 20 the Judges up to this
time"
Both judges have consented To- sit
with me-" said Judge Gear. by way OF
explanation.
said Deputy Attorney General Dou-
thitt, in response O. the remarks of
Judge Humphreys. that did not
reach the court room this morning un-
til twenty-five minutes before ten, and
that MIR. Biting Immediately present
ed his motion. He took the bull by the
horns, and appearing for the defend
ant, made the application. I am here
as an attorney employed by fhe attor-
ney generals department to try %lm-
nal cases"
Again Humphreys broke the silence.
THE statement of the deputy attor-
ney general in this matter is plausible"
said he, but IT does not bear upon the
continued attacks by malicious and un-
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
cipes has he shown any appreciation"
George Davis had entered the court
room I'm the mean time, and started out
as usual with long and violent TRADE,
when Judge Humphreys again inter-
rupted: These proceedings won't be
necessary whenever we get judges APP
pointed by the governor"
Then Davis was allowed TO thrash
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 gem
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 a measure concerned in the case.
and thought 1t 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 If any return
had been made upon the citation. Mr..
Biting replied that he had given the
papers to Deputy Sheriff Chlllingworth
to serve, and he knew nothing further
of the matter. The clerk here appeared
with the papers, ard they were handed
to Mr.. Davis who read from the re-
turn that no service had been made
upon Walter G.. 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
eturn be amended, and tho matter go
over to this morning, though he said
McGurn had told him that he had ar
rived at the Advertiser office ten min
utes after Mr.. Smith had left. He sug-
n. Cd En II Gpait la.F
known Of the citation, and it was his
duty to appear anyway service or no
service, and he thought that a bench
warrant should be issued for his ar
rest.
w. o. Smith came forward and said
that he appeared in the case. Gear
wanted to know If he had not consult
ed Editor Smith during the afternoon,
to which Mr.. Smith replied In the neg
alive saying that he had been retained
by the corporation. Mr.. Andrews said
that he also appeared, and would like
an extension of time, in order to make
a proper return, but he had so far been
unable to see copy of the citation.
Judge Gear had been presiding up to
this time. but here Humphreys again
took the relns in his own hands, and
remarked: 1T Is all nonsense to talk
about not having time. You know
what your paper Is publishing, and
when an article of this kind appears,
should be ready to answer for con-
tempt. 1t does not appear to me that
he can appear by attorneys until he
purges himself Of contempt"
I'VE certainly have a right TO appear
in court upon the question as to wheth-
er or not this is contempt" replied Mr..