The Hawaiian gazette., 1905-09-29
ATTORNEY
WAKES HOT
(From Wednesdays Advertiser,

''NdhCoday y hQNtTtlsbIaI
That Attorney Strsus failed to be
adjudged in contempt of court yester-
day before Judge Whitney, the police
magistrate, is largely due to the leni-
ency of his honor. The incident came
up in the long-drawn-o case Of the
Territory against Frank C. Bertel-
mann, charged with gross cheat.
Judge Whitney charged Straus,
who is counsel for Bertelmann, with
prevaricating. He did not mince his
words at all and scored the attorney,
who up to that time had been playing
to the galleries and resembled
broken down tragedian in reaching
climaxes with witnesses.
1t all came about through Mr.. Ny
ers, who for many years was milk in
spector with the Board of Health
Straus objected to Myers sitting in
the court. The court informed Straus
that Myers was there as a spectator,
and as he was not conducting the trial
behind closed doors, Myers had a per-
feet right to be present.
Straus then seized a subpoena
which had already been served for
other witnesses who had put in an
appearance and placed the name of
Myers and turning to court officer,
said theatrically:
''Mr. Officer, serve that subpoenal"
His Honor shut off this proceeding
by peremptorily ordering the officer
to do nothing of the kind. On ex-
animation of the subpoena it was found
that it had been served on others and
the court informed Straus that it was
dead paper.
Straus vehemently protested and
said that the court was obstructing
him in the performance of his duty,
and added some heated words which
caused Judge Whitney to stiffen in his
chair. He was outwardly calm, but
flush on his checks showed that he was
repressing a desire to do something
to the audacious attorney.
His Honor then informed Mr.. Straus
that he was deliberately prevaricating
when he uttered that charge. He
flashed on Straus in a manner which
caused the latter to calm down and
half-heartedly apologize.
AT various times during the day
| pNidus ItitiItu W the couit . tilcScu
| obstruction in the subpoena matter,
| and when the court was about to adj
iourn, Judge Whitney said:
81 wish to refer again to Mr..
Straus' statement about the subpoena
matter. l wish to withdraw the state
mcnt that / made earlier in the day
that he deliberately prevaricated,. as
| he has stated since that he had no de-
| liberate intention to prevaricate. How
| ever, l wish to state that Mr.. Straus,
| having first said that L obstructed him
| in any way, made statement which is
false and without any truth, or scin-
| tilla of truth whatever
Straus by this time had his hat and
smiling sardonically started to walk
out of the courtroom, but thinking
| better of it, returned before the bar
and said that he apologized for his
words and his conduct, adding that he
did not wilfully prevaricate. "In the
| heat of controversy we sometimes say
| things that we do not mean to say,
and that is what occurred with me. l.,
| therefore, apologize to the court.
With that he turned on his heels and
walked out of the room.
One of the last witnesses examined
| yesterday afternoon was Chinaman
of Moiiili, named Chang Soon, whose
| appearance on the stand aroused
| Straus. He claimed that he was put
on the stand by the prosecution to
| impeach Bartelmann. However, the tes-
timony was admitted and the China
man made some very damaging state
ments as to Bertelmann & business with
! him. The Chinaman said in answer
to question as to what Bertelmann
had represented himself to be:
90 He say the money for American
government under new law. He no say
| it was for ad in book. First, he ask
me for dollar and ! say l have plenty
| of children and can not give dollar.
] tell him l give half dollar, and he
say all right. So / give him dollar. He
take 'em and give me piece paper"
The paper was blank piece Of
brown paper without any printing on
| it.
| The ease was continued until this