The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-14
Gear at Once imposes Sentence OF
y Thirty Days imprisonment
as Punishment.
lrit of Habeas Corpus is Granted Later on
by Chief Justice Frear and Editor
Is Released

motion herein.
II-That at the time said cartoon or
picture was published he did not know
that the case OF the Territory of Ha-
wall vs.. William Mccarthy. wherein
the said Mccarthy was charged with
assault in the first degree, as alleged
In said motion. was begun or was
pending before the said Circuit Court
or any other court.
III-That he knew that the said Nc
Carthy had been tried in said Circuit
Court upon a charge OF mayhem"
and had been discharged by the court
some days prior to the publication OF
said cartoon or picture. but did not
know. nor had he been informed that
another charge on the same state OF
facts had been entered against said
Mccarthy. and that the trial on said
new charge had been begun or was
pending.
IV-That said cartoon or picture re-
lated solely TO said case OF the Terri
tory VS.. William Mccarthy, charged
with mayhem" which had been tried
and determined. and was not publish
ed with intent to prejudice the jury or
the public, or any one. respecting the
merits of any case pending against said
Mccarthy. or To prevent or obstruct
the administration OF justice. or To
show contempt OF the Hon. George ID
Gear. judge OF the Circuit Court, or OF
said court.
WALTER G.. SMITH.
Respondent.
At this point Judge Humphreys
stepped In: II notice In your answer"
said he. that you expressly refrain
from disclaiming any intentional per-
sOnaI disrespect to presiding judge Of
this court. Is that Intentional or mad
vertent?"
Attorney Smith replied that It was
a ~
hearing the case. stating that he under
stood Judge Gear to be presiding.
Judge Gear replied that all three judges
were sitting together.
las far as / am concerned. you viii
govern yourself accordingly" said
Judge Humphreys
I'VE have tried TO treat the court
with respect
The court demands such treatment
as n right. and not as n privilege. said
Humphreys. even more hotly-
II treat the court with respect. and
demand the same treatment from the
court" replied Mr.. Smith. also with
some show OF anger.
Then Davis began the Introduction
OF his testimony. To- prove the alleged
contempt: and for that purpose called
the turymen who had been impannelled
to hear the case. Eleven OF them testi-
fed that they had read the Advertiser
and saw the cartoon. Then Davis read
the words under the cartoon. BLESS
you. McSwilligan. bite her again. with
such vicious emphasis that everyone in
the court room laughed. excepting the
first Judge. There were several out
breaks OF laughter In the audience at
the remarks OF the witnesses, and Gear
Joined In as heartily as anyone else
The jurymen all concurred in this testi-
mOny. and then Humphreys discovered
an important omission. in that they
failed TO identify the subjects of the
cartoon. and upon his advice Davis re-
called the first three Jurors to add these
facts to the record.
The jurors all Identified the cartoon
as depicting Gear. but one of them.
Cooley, didn't think the picture of Nc
Swilligan looked anything like McCar-
thy. but thought it was more like
monkey Davis said: Il don't think
there can be any misunderstanding as
to this meaning the court. and
that McSwiiligan was meant for Nc
Carthy. and referred to the woman he
hit. I mean he Is charged with biting"
the attorney corrected the admission
Cooley also denied that he was
and legally impannelled juror
but said he had been brought in by
main force and compelled TO serve. Mr..
Smith objected TO some OF the questions
or Davis as leading. whereupon that
attorney became quite wrathy. and
hissed the questions at the witnesses
with a truly melodramatic turn at the I
defendants attorneys.
TIE record of the first trial was next
introduced in evidence and Colonel
Jones. as official court reporter. was
called to testify to the ruling made BY
the court upon the motion in arrest or
Judgment. Mr.. Jones had not been In
court at the time the decision was rem
Iered. and Judge Gear stated that he
,votrId take judicial knowledge OF the
fact. that he had discharged Mccarthy +
On the ground that there was no such
rhine as mayhem in the Hawaiian stat
1tes. !