The Hawaiian gazette., 1902-06-03

N ihi'hM 81. F" ''' '''' '''''
" CO.," In answer to ths formal
order ~ the COURT tnll isnky
Individual arose without the ienst
af poatance Of embarrassment or ncr.
vousncss be- stood, hat IN hand, before
the benrh Prison stared him In the
face. The crime charged. 90 which he
had pleaded Fuiity. might be punished
with years imprisonment and two
thousand dollars fine. He had no
reason 90 expect lcnlency Neverthe-
less be showed no trepidation and
looked judge odiln squnrcly In the eye
during the reading of the sentence.
His attention was respectful. there
was no brarradocio in his attitude-no
crlnFinF. re merely came as an hon
est man should to admit his mistake
ana abide by the ruling Of the court
His attorney. Judge Terrell, in a
Lrief. forcciul statement entered the
plea Of guilty. lie stated that the al
legged libelous article was not directed
against Jua-a Ruhlc. Its shaft had
been aimed at TIE old Spanish libel
law. Judge T,rrell stated that his
client had no acquaintance with Judge
Rohde. thut It had been furthcst from
his intention, when writing the article,
to reflect on the l3tter's character. Ills
attitude had merely been that of an
independent American fighting what he
considered 20 be an unjust law.
Prosecuting Attorney Major Bishop,
in answer to Judge Terrell, compli-
mented Mr.. Marshall's attitude, and
stated chat ne believed that 1t should
be tax n into consideration by the
court why1 making n finding. stil he
felt that the punishment should be 60
we're enough TO establish an example
that would warn others against com
hitting the same transgression. There
has been too much of this kind of rot
published in Manila" exclaimed the
Prosecuting Attorney, and although
this particular article did not do Judge
Rohde one whit of harm, still l be-
lieve this court must take into consid-
GRAFTON the precedent that this case is
bound to establish. Judge Rohdes
position" continued the Prosecuting
Attorney. must also be taken into
consideration. He is not in a position
to go to this mans Office and horse
whip him as the ordinary individual
would. He must seek other recourse"
Major Bishop then assailed Marshalrs
excuse that he had not Intentionally
attacked the honesty of Judge Rohde.
He read the following sentence rom
the libelous article 1T is a damnable
stain on the judge who inflicted it,"
and said: "If the defendant had APP
peared in court to present a plea If
insanity. 1t would have been better
| than such paltry excuse In the .ace
| Of this prosecution"
Judge Odlin then read his sentence
as follows:
DID NOT 1NJURE JUDGE ROHDE.
You have plead guilty to violating
! section 2 of act No. 277 of the United
States Philippine Commission wherein
II Is provided that every person who
wilfully and with a malicious intent to
injure another publishes or procures
to be published any libel shall be pun
lshed by fine of not exceeding two
4 thousand dollars, or Imprisonment not
exceeding one year or both. The Ian
guage used by you was entirely UNI
,, reasonable and unwarranted, and in
the opinion of the court without any
| explanation would deserve a very Sc
we're punishment You saw 1T to print
in newspaper under your control
very violent words against promi-
nent official of the Government, which
NHilt III ulu not inquire MIN III the least,
might very we'll I have that effect
among people who did not know him.
Furthermore, such language would
tend to discredit the judiciary in the
eyes of the people in the Philippine
Islands II 1t were to go UNPUBLISHED
The natural conclusion of the Filipino
people would be either that the Cows
eminent was afraid of the newspapers
or that the Government was not pre-.
pared to stand behind its own courts
JUDGE SAYS LAW WAS HARSH
The very unpleasant duty now de-
wolves upon ire of imposing sentence
upon you, and ] am inclined to lay a
great deal of stress upon the state.
ments of your counsel that the fac,
that you did not know Judge Rohde
and the fact that the real purpose
which actuated your mind was disgust
and l might say a violent feeling OF
hatred against law which has since
been repealed by this same government
which put this same Judge in Office.
am frank to say that I myself think
the law under which Judge Rohde act.
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