Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-05-24
Smith b|IlD
FOR CONTEMPT
Advertiser Editor To Ex-
plain Alleged
sFalsity.
PRINTED ARTICLE SAID TO
PREJUDICE MEHtULA
JUDGE DE BOLT CAUTIONS JUR.
|, oRs NOT TO NOTICE STATE.
MENT-Hilo TRIP IN
TERRuPTEp.

On motion Of Attorney Clarence w.
Ashford, counsel for defendant, Solo,
mon Meheula, in the alleged gross
cheat charge against the former clerk
of the House of Representatives. Judge
De Bolt this morning cited Editor Wal.
ter Clifford Smith of the p. c. Adver-
tiser to appear before him tomorrow
morning at Q o'clock to show cause, II
any he may have, why he should not
be punished for contempt of court for
the publication in the said Advertiser
this morning Of an article on the Me.
heula case which is alleged to be in.
correct and prejudicial to the cause Of
the accused.
Incidentally, Editor Smith was con
templating holiday and had prepared
to take the Kinau for Hilo at noon to.
day. A departure at noon and an ap.
| pearance here in the morning cannot
be made to agree.
Judge De Bolt, upon Ashfords sug.
gestion, cautioned the jury In the Me-
heula case not to be governed by any
statement such as that made in the
Advertiser; the evidence, he said,
should be their sole guide.
Following, in substance. is defend.
ants petition to cite Smith:
The undersigned, Solomon Meheula,
respectfully represents unto Your
Honor as follows:
1. That he is the defendant in the
above entitled cause, and that on the
2Sd day Of May, 1904, he was placed
upon trial In and before said court,
upon the indictment herein,--to which
said indictment and the contents there
of, reference is hereby made.
2. That Walter G. Smith was at all
times herein mentioned the editor of
q certain daily newspaper published in
the city Of Honolulu, under the name
OF the Pacific Commercial Advertiser
and was and is responsible for all the
| contents OF said newspaper during the
time and times herein mentioned.
3. That at the adjournment OF this
Court on said 23d day of May, 1904
the trial Of this defendant had not been
completed, nor had the jury been Sc.
cured for the trial of defendant upon
said indictment,-butt that the said
trial was then and there continued to
and until $3.50 o'clock a. m. Of thu cath
day Of May. 1904. That on the said
24th day Of May, said Walter G. Smith
In his capacity as editor of the news.
paper aforesaid, printed and published
and caused to be printed and publish.
ed In said newspaper,-and to be dis.
tributed throughout the city of Homo.
lulu, and elsewhere, wherein all DER.
sons already accepted as Jurors in
this cause. and all other persons, could
see and read the same, a certain ar.
ticle OF and concerning this defendant
and defendants trial upon the indict.
ment herein.
That said article is deliberately and
unqualifedly false in the following
particulars. and wherein II alleges as
follows, to-wit:
"Meheula" (meaning thereby this de-
fendant) lis being tried now on
charge of gross cheat. 1t being alleged
III the Indictment that he cashed war
rant for which there had been no con-
sideration. He is alleged to have sold
10 the Government thirty copies OF the
code. which he had obtained from the
Secretary's Office"
And this defendant AYERS that the
words and allegations hereinaboye in
TINS paragraph quoted from said art
icie are, and were at the time of their
said publication deliharotaiv soi