The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-03-14
is CARTOON
CONTEMPT2
Judge Gear Cites
Advertisers
Editor.


The publication Of cartoon In yes
terday's Advertiser is held by judge
Gear to b. contempt. and acting upon
the motion OF Attorney Biting. ~
issued citation Tor the appearance
Of Walter %. Smith. as editor. In court
NJ 2 O'CLOCK this morning. The Cita-
tion was issued shortly before !
o'clock yesterday, returnable at g. hut
service was not had I'm time for APP
pearanCe IN court at that hour and
continuance 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 prejudiced.
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 inn
pannelled and sworn to try said cause,
upon this the 18th day of March. a. II.
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 and
Notwithstanding the prohibition of the
law. on this the 18th day of March, \.
ID. 1902, and while this cause is pend
ing and actually on trial in this court,
n certain newspaper published In Ho-
nolulu, Island of oahu, Territory of
Hawaii, and within this jurisdiction,
called and headed as The Pacific Com
mercial Advertiser published a ridicu-
lous, absurd, lbellous and unlawful
cartoon, meant and intended to be sug
gestive and contumelous of this hon
orable judge before whom this trial Is
pending, and tending and intending to
.fa,lf ffrer lnn
trial of said cause and particularly
against the honorable judge now pre-
siding over the trial of this cause, and
to obstruct ana perVert the admins
tration of justice; and,
"That said publication is a knowing
and malicious invention against the
court, and was intended and is intend
ed TO bring said court into ridicule,
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, l 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
law, and ii is n matter of indifference
to me how many untrue animadNer-
sons upon me are made. In the pres
ent instance Mccarthy was released be-
cause there is no such crime as may
hem I'm the Hawaiian statutes. If he
had been sentenced he could have been
released on habeas corpus. There is
no question about that, and IL there
is any one in Oahu Jail serving for
mayhem now, ne may be released on
habeas corpus. The decision was not
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 a jury. Time
after time" said the court, 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 adj
ministers law to the best of its abil-
ity and knowledge, and If there are
errors, they are errors of judgment to
which all courts are liable
Judge Gear continued the matter un-
til II o'clock in order to give Biting
time to prepare the necessary atlidavits
and the jury was excused until 2
o'clock. Biting evidently didn't believe
the matter OF immediate Importance,
for 1t was II o'clock before he finally
leisurely walked into court with the
necessary papers, though Judge Gear
had been impatiently waiting on the
bench for nearly an hour.
Judge Robinson and Judge Hum
phreys appeared with Judge Gear upon
the bench when the matter was called
up for the second time at II o'clock.
Biting began to apologize for keeping
the court waiting, when Gear inter-
rupted, telling him to present his afil-
davit
MI Biting then began to read the
affidavit reciting the trial of the first
case against Mccarthy, the conviction
by jury, and the subsequent action
of Judge Gear in releasing him, on the
ground that the crime of mayhem had
no place in the Hawaiian statutes. The
affidavit was based upon section 257 of
the Penal Code of 1897. The affidavit
closed with following specific charge:
That on this 18th day OF March, A.
ID. 1902, at Honolulu, Island of Oahu,
Territory OF Hawaii, and within the
jurisdiction of this Honorable Court,
the said the Pacific Commercial Ad-
Vertiser, 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,
contumelGus, disrespectful cartoon or
picture intending and meaning there
by to throw disrespect upon the Hon
orabie George ID. 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 ID. 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 pend
ing trial tending to prejudice the pub
lie rnsneciing the same. and 10 oh