The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-06-18
AVERY MEETS A
PROFANE LAWYER
AN INTERESTING CHAPTER ON
LOST HIS JOB.

Judge Dole's decision in the Avery |
transcript case yesterday might be en- |
titled a chapter on "Why Avery Lost |
His job" for it shows that the federal |
judge and the court stenogra pher, who |
has since been succeeded in his position |
by George p. Thielen, had quite a spir-
tied correspondence over the contested
transcript. The steuographer went on
strike ana the judge after waiting for
the desired copy Of the notes of the trial
wrote to Avery stating that the court
was much inconvenienCed by the delay,
and asking that the transcript be sup
piled. The decision sets forth that the
following reply was made;
Il sincerely regret my inability to
comply with your very courteous re-
quest of even date in re IvanhOe tran
script.
The fees for taking the notes in said
case, amounting to $4,000 under the
rules of court have not been paid, the
leading counsel for the libellants and
the trial member of the firm of proctors
FOR IntervenOr and Claimant have both
distinctly refused to pay the same.
Both of the gentlemen above refer
red to have in addition thereto distinct
! ~ refused to pay for the transcript.
In a previous case. counsel for one
side refused to pay for transcript
( written at the request of the Judge of
! the u. 5. District Court and has not
since paid, the court mtimating it's in
ability to compel payment.
i when the fees for attendance in the
Ivanhoe case, $4,000 and the deposit of
$4,000 account of transcript are depo-
sted with the clerk, subject to my Or
der upon demand, as to the fees for at
| tendance, and upon delivery of tran
script to clerk, as to the transcript
! (any excess of deposit over cost of
transcript according to rules of Court to
be retur ned to depOsitor or depositors),
l shall be most happy to comply with
your Honor's most courteous request
for transcript Of said proceedings
whether l am then an officer of your
! Honorable Court or not"
TO which the judge sent the follow
ing answer on the next day: Il have
received your letter of yesterdays date.
in which you decline, as [ understand,
to furnish the transcript of evidence in
the Tavnhoe case. As ! understand the
practice of this Court, the transcript Of
evidence in civil cases, q. not called for
by the parties but required by the
Court are charged for as costs to be
paid according to the ruling of the
Court l consider that it is an impro-
prtety on your part to refuse to fur
nish these notes and thereby embarrass
the Court in it's duties. l trust that you
will look at it in a different light and
furnish SUCH notes Immediately. The
$4,000 for taking the notes is a charge
Q nv 10. a -
possibly as in cases where parties sue
IN fOrma pauperis, but in that case
where such parties win the case those
fees would be charged against the
amount received by such parties by the
Judgment"
This was replied to by the Steno-
grapher on the same day in the follow
ing letter: Your further cOmmunica-
tion in regard to the Ivanhoe tran
script of even date compels me, much
against my wishes, and with the great
est respect to distinctly and in terms
absolutely decline to furnish the evil
dence in the Ivanhoe admiralty case ex-
cept and solely under the terms set
forth in my communication thereon of
yesterday.
MY ground for this much regretted
Ntus~Nl N'At1 III part VI II mas DetN Inc
custom until your Honor assumed the
bench for the Court to require counsel
ut the request of the Reporter and
usually whether such request were
made or not, 10 deposit each morning
on the Reporters table the per diem
for that day 4 request was made 9:
, your Honor that this be done in a pre-
vious case and your Honor declined
Hence no request was made i'm this
case, as being useless.
"C) During the trial Of the case, ]
requested both the Proctors for the Ii
belants and the Intervenor to requisi-
lion my services and pay for the same
Both declined, which fact was reported
by me to you during the progress OF
the trial and l then asked the sug-
gestion of the leading proctor for Lii
bellants for a ruling in open court
which was declined by your Honor
'C) Leading counsel for the Libel
Iant advised me that the Libellants not
only did not want to pay for the tran
script, but that I should refuse to write
ii unless l was paid f)r it.
20. Associate counsel for the Libel
= iunts said, i'm the presence OF witnesses
} in reply to my question a to who would
pay me ior the transcript, i do not
p know and l do not care a damn
, 90. The trial Proctor for the Inter
Venor inquired Of me what the tran
script would cost, and on being inform
ed that it would cost Sl2O not more
said he would see the Interyenor and
p let me know. He has not done so. The
lnteryenor says he did not have any
/ conversation with his Proctor on In,
subject and he also refused to pay for
the transcript. This conversation wa.
ON the street and at the instgation OF
the lntcrveuOr who asked me when tho
court was going to render "a decision
As siguify'ns further lack of intention
urr the part of the Iuterveuor To pay
he said that the IT, s. Court had moth
ing to do with British ship and that
10 there had been am Euglish man-of.
war there would not have been any
court prora diugs that the EDplish
consul was the only one with iursdic-
lion