Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-03-14

terward under writ of habeas corpus
containing in the body of 1t, an order
that the prisoner be admitted to bali
in the sum of $500.
The writ was made returnable on
April 81, or nearly forty days from
date.
Immediately after the contempt pro-
ceedings before the Circuit Court, coun-
sci for the respondent saw Chief Jus
tice Frear. Mr.. Lewis of Smith a
Lewis was accidentally overheard by a
Bulletin reporter saying to the Chict
Justice, well, | will file it," This was
said as Chief Justice Frear and Mr..
Lewis parted at the head of the stairs,
the reporter having come out of Judge
Humphreys room, where he had been
to see Colonel Jones. at the moment.
Messrs. Lewis and Andrews did h'e
the following application for the
writ:
IN THE SUPREME COURT OF THE
TERRITORY OF HAWAII, BE.
FORE HON. w. +. FREAR.
CHIEF JUSTICE, AT CHAM.
BEERS.
In re Petition of Walter G. Smith, for
a Writ of Habeas Corpus.
To the Honorable Walter +. Frear,
Chief Justice of the Supreme Court:
The petition of Walter G. Smith, an
American citizen residing in Honolulu,
Island Of Oahu. Territory Of Hawaii.
respectfully represents: o..
|. That your petitioner Is imprison.
ed and restrained Of his liberty in Ho-
nolulu, Oahu. by one A. NJ. Brown,
| High Sheriff of the Territory of Ha.
wall.
| 2. That the cause or pretence of such
Imprisonment or restriction according
TO the knowledge and belief of your
petitioner is that the said A. N. Brown
claims to have and to be acting under
an order of arrest and mittimus issued
by George d. Gear, judge OF the First
Circuit Court of the said Territory.
3. That the said order or mittimus
is based upon the warrant or order by
said Judge that your petitioner Is In
contempt of court in publishing, print
ing and circulating a statement Of and
concerning the said judge of the Cir
cult Court, and the cartoon or picture
with reference to cause now pending
and undetermined In the Circuit Court
to wit, the case of the Territory oil
. Hawaii against William Mccarthy
and which said statement and publica
ton and picture or cartoon is well cal
Culated to prejudice and will prejudice
the minds of the jury sworn to try
the issues. and hinder. obstruct anC
al In tho die
charge Of their duties and the admin
istration Of public Justice, which
order Is based upon an order to shoy
: cause why petitioner should not be ad
= judged guilty of contempt and pet
: toner's return thereto. and the pre-
l ceedlngs had herein and before salt
Circuit Court.
L. That your petitioner claims tina
thc said Judge of the said Circui
= Court had and has no right or jurisdiC
ton to issue said order or mittimus
J and that the same Is illegal and volt
: !or the reasons:
THAT the act complained of in tn
;. motion Is not in law contempt o
court for which the court has powe
: 10 punish this respondent,
Il--That the court can not legal
!, punish as lor contennp. pup''ca'lo
OF the nature Oh 'ha' III sa'u or"e
colhpialheu o. niaue III n'MSPaP''
ana not uohe III 'he ''''ileu'a'e Pre'
ehcc OF the court
nat the puplc".ion VI va,
> tooh OF picture sucIi as that coi,ip'a,i
J., eu o. uohe Witnout hhoW'euse u! III
person so pupnsh'ns lne SAINT w" '
u the case penuihs pelole the e1ul
u wou'u OF might ne PreJuuloeu lne'ep!
OF "ithou' hhoMIeuso ',"' anS gu.
case "as pehuihs. 10 ho' 'oh'e"P'
court anu cannot pe p"h'sheu
sucn' M
N-unuer the statutes y, .he ie'i
y TORY ol iiaWaIi no Puu,ea,ion o"t
! court III reia''oi W Tue 'o"i' vi
any OF us members amounts 10 COZ
tempt ana the same cannot DC pun
q iSheu as such'
:. N-ihat 'ne return anu answer me
y herelh' anu 'he proceedings nau 'her'
uhueT' l"'Iy sno" 'na' the ueienuaI
luhy purseu hiiisei oi any ai'ese
contempt ana thal no such coh'eihi
!, was committedt .
Nl-lhat the salu order OF nhittiihu
: Is IN violation OF the constitutions
rights guaranteeing ana providing io
D the lrc,u ohl Oh the press
N'l-Ihat u sald act complained &
u was contempt OF court whatsoever