The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-03-13

on appeal to another court. IL was held
that the papers have the right to criti-
cize the acts of judges as OF president
or a governor"
Judge Gear interrupted an argument
based on Smiths lack of knowledge of
/ the fact that the case was on trial by
stating that such news was i'm the same
paper as the cartoon, and the editor
was presumed to be acquainted with t"e
contents of his paper. "As a legal
point said Judge Humphreys, ''it is
presumed that an editor knows the con-
/ tents of his newspaper but the court
will take judicial knowledge of the fact
that it is impossible to delegate the
power and control of a modern news
| paper to one man. An editor disclaim-
| ing knowledge of an article before it ap-
pears in his paper is no more censur-
able than the general manager of a rail-
way company would be if one of his
conductors assaulted a passenger It.,
miles away from the manager
Attorney Smith as a member of the
/ bar, said that he had no desire in the
| proceedings to attack, or detract from
| the powers of the court, but he thought
/ the remedy sought was not a proper
one. The matter should go before the
| Grand jury, or if the remedy did not lie
there, a prosecution for criminal libel
might be proper.
Judge Humphreys and Lewis had
some discussion as to the constitution
/ ality of the Hawaiian law regarding
constructive contempt, and then Biting
made closing argument as prosecutor
| He quoted the Hawaiian statute and
| claimed that under it, the publication
| of the cartoon was clearly an actual
contempt of court.
! After the closing of Attorney Bit
! ting's argument the court announced
| recess of fifteen minutes, recOnvening
D III lsaFf
| their seats, all remaining to hear the
verdict while those massed around the
door went out for mOuthful of fresh
air, and hurried back.
Judge Humphreys stated that the
affidavit which had been entered as to
| the contempt of court committed by
| w. G.. Smith contained relevant state
ments and quoted at length opinions
on similar cases which had come be-
fore the jurisdiction of other courts.
! The delivery of the opinion was
/ lengthy one, occupying several min
utes The chief purpOrt of the quota
| tiOns was to the effect that Judges We're
/ human and capable of influence, sus-
/ Ceptibility and intimidation through
/ the medium of such articles i'm the pub
/ lie prints, calculated to create public
/ prejudice. He stated that the defend
/ ant had not denied under his cOrpOreal
oath the knowledge that the case was
/ pending and that an account of that
case appeared in another column of the
same paper. The defense that con-
struCtive Offense was not punishable
was disposed of by ruling that the
section was intended to be construed
with a preceding one dealing with the
reports of actual procedure.
The opinion further contended that
journalists possessed no right beyond
that of the ordinary citizen and that a
N 4 fE1I
behind which to utter opinions outside
of the right of common people. That
the court felt no especial resentment
nor is particularly aggrieved but that
1t found the defendant guilty of a pal
pable act of journalistic lawlessness
calculated and intended to OveraWe
am intimidate the court
Judge Gear, in prOnOunCing sentence
stated in response to the final plea of
the defendants attorneys that the
court had taken into consideration the
disclaimer of the defendant as to any
knowledge of the case being pending
and that the cartoon referred to a
matter past and closed, and that, while
under the law the defendant could not
be purged of his offence by such dis
Claimer, the latter could be and was
so considered by them as an eXtenuat-
ing circumstance. A sentence of thirty
days imprisonment without hard labor
in Oahu jail was imposed and the de-
fendant ordered into the custody Of the
J high sheriff Bailih Hopkins placed a
chair for the defendant in the corner
occupied by the prisoners before the
court.
The next step i'm the case will be an
application for a writ of habeas corpus
on which it is expected that the Su
/ preme court will review the case, i'm TIN
/ meantime releasing the defendant on
bail Application may also be made L
2 Judge Estee.
: w. O. Smith stated this Afternoon
that a writ of habeas corpus Teturnablt
I to the Supreme Court was being pre-
pared in the contempt case of Walter
G.. Smith and would be filed as soon as
ready. Mr.. Smith said that he hat
heard nothing Of the possible grant OF
a pardon by Governor Dole i'm this
case,