The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-03-14

1. DIE fNNuIur paper o. fHDt NJ WHH
rlNrn uut nearly nn hour tDfufr the
ftrtNe vas made
Mr. Smith WAS taken to the police
station ana ln tuo meantime q. a. An
dfcWs ana Mr. Lewis appeared before
ChIcf Justice Frcar with the fou1wlne
application for writ ~ hubras core
rus
~ THE sUpRENE COURT OF THE
rERRlTplN or HAWAII nf-
FORE non. w , FlEAR
cmiEr JUSTICE. Ar CLAN.
BEERS
In re- Petition Of walter @ smith. for
"a Writ 90 liab,as Corpus.
To the Honorable Walter y rrcar.
chief Justice ~ the Supreme Court.
The petition 81 Walter q. Smith. an
American citizen residing iu Honolulu.
Island Of oahu. Territory ~ Hawaii.
respectfully represents.
Ol That your petitioner is imprlson-
ed and restrained ~ his liberty I'm Hoo
nolulu, oahu by one \ NJ. Brown.
Iligh Sheriff OF the Territory OF Ha-
wall.
2 That the cause or prctence Of such
Imprisonment or restriction according
to the knowledge and belief of your
petitioner is that the said \. NJ. Brown
claims to have and TO be acting under
AN order OF arrest and mittimus issued
by George II. Gear, judge of the First
Circuit Court OF the said Territory.
go That the said order or mittimus f.
based upon the warrant or order 10y
said judge that your petitioner liz 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 "a cause now pending
and undetermined in the Circuit Court
TO wit. the case of the Territory Of
Hawaii against William Mccarthy.
and which said statement and publ q.
cation and picture or cartoon is well
calculated To prejudice and viii preju-
I dice the minds OF the jury sworn to
try the issues and hinder, obstruct
and prevent the court and jury in the
discharge of their duties and the ad-
, ministration of public justice. which
order is based upon an order TO show
cause why petitioner should not be ad-
judged guilty OF contempt. and petit
toner's return thereto. and the pro-
CeedingS had therein and before said
Circuit Court.
A) That your petitioner claims that
the said judge of the said Circuit Court
had and has no right or jurisdiction to
issue said order or mittimus and that
the same is Illegal and void for the
reasons:
THAT the act complained of in the
motion Is not in law a contempt OF
court for which the court has power
to punish this respondent
! 1I-That the court can not legally
punish as FOR contempt IA publication
! of the nature of that in said order
I complained OF. made in n newspaper,
/ and not done I'm the immediate pres
{ ence of the court.
! IlI-That the publication OF n cartoon
or picture, such as that complained of.
done without knowledge by the per-
son so publishing the same, that the
{ case pending before the court would or
might be prejudiced thereby; or with
out knowledge that any such case was
pending, Is not contempt or court. and
cannot be punished as such.
! lN-Under the statutes of the Terri
tory of Hawaii no publication out Of
/ court in relation to the court or to
any of its members amounts to CON
tnmnt. and the same cannot be pun
iShed as such.
/ What the return and answer filed
herein, and the proceedings had there
under, fully show that the defendant
fully purged himself of any alleged
contempt, and that no such contempt
/ was committed.
NI-That the said order or mittimus
is in violation Of the constitutional
rights guaranteeing and providing for
the freedom of the press.
Nl1-TEat If said act complained of
was contempt Of court whatsoever
the same was merely a constructive
contempt. and not punishable by the
Circuit Court.
VIII-That the record OF proceedings
shows that said proceedings were lille
gal and irregular.
1X-All of which said claims appear
more fully in the order to show cause
the afiidav!ts attached thereto, the pc
titioners motion to discharge the rul,
and answer and return made by this
petitioner. and In the proceedings had
before said Circuit Judge upon which
the said order and mittimus is based
and the proceedings had in connection
herewith to which said order to show
cause, motion, return and proceedings
row on file in the said Circuit Court
your petitioner asks leave to refer foi
greater certainty and make part
hereof, and a copy of which order tc
show cause and affidavit in support
thereof and of petitioners motion &c
discharge the rule and answer and
return is hereto attached and made 9
part hereof.
90 That your petitioner has been un'
able to obtain a copy OF said order
warrant or mittimus under which h
believes he is held, and asks leave
when he can obtain the same to attach
them hereto and make them a par
hereof.
Wherefore, your petitioner prays thai
a writ Of habeas corpus forthwith issue
out Of this court directed to the saiC
A. M. Brown, requiring him to produc,
the body of the said Walter G.. Smith
before this court at such day and hOul
as in said order may be set forth, ant
that upon due investigation ny thi'
honorable court OF the matters ant
things hereinbefore set forth and prop
erly appurtenant to the subject matter
! OF this petition, said Walter G. Smith
may be discharged and freed from
said restriction and imprisonment, anC
, that pending the hearing Of this peti
, tiOn your petitioner may be admitted
to bail. WALTER O., SMITH.
After reading the affidavit and &C
! comnanying papers carefully, the chic
, Justice granted the petition, and CAV
, the petitioners leave to add the mitti
? tntS n tho racnr1 nbap thau sbnnI6 IA