The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-02
All Mn IN
CONTEMPT
But Released, and Al
lowed to Take an
Appeal.

| Jury room The question was the di
gagged in conducting a gambling game.
and the man refused to answer on the
ground that it might injure him. I'm
mediately upon his conviction, All Minis
attorney moved for a stay of proceed
| ings on appeal, and this was allowed,
the court letting the man go on his
own recognizance pending the prepar-
alton of the bill of exceptions.
| Two hours later this bill was pre-
| scented and settled. and Attorney Cen
eral Peters presented an affidavit and
motion to the Supreme Court asking
that the appeal be allowed to go on
| the calendar of that court, and that
the hearing be advanced to the ear
| Hest possible date. 1t will be neces-
sary to do this, in the opinion of the
Attorney General, if the labor of the
grand jury is to go for anything at
ALL
| The case had excited a good deal of
interest, and there was a big crowd
| in court when All Min was brought be-
fore Judge Lindsay at 2 D. m. yester-
day under the citation for contempt
in refusing to answer a question put
to him before the grand jury on We'd
nesday.
Attorney General f. G. Peters and
Deputy Attorney General F. w. Mil
60, 49, IT.
A. S. Humphreys and Frank E
Thompson for the respondent
FORMAL OBJECTION.
Mr.. Humphreys. appearing for re-
spondent. objected to the form of proc
ess, holding il did not comply with the
Organic Act in failing to be in the
name of the Territory of Hawaii.
Mr.. Milverton. replying, contended
that there was no need of an original
process in the matter. The respond
ent had appeared before the grand
jury and been sworn and the authori-
ties held that a witness before a grand
jury refusing to answer a question was
guilty of contempt as committed in
the presence of the court. Further he
claimed that the requirement of the
Organic Act mentioned referred only
&c criminal prosecutions, and con-
tempt proceedings were not in that
category.
Judge Lindsay at this stage. the At
torney General having asked for a
bench warrant for Johnson whom the
grand jury had just indicted for MUIR
der, remarked that the bench warrant
was not made out in the name of the
Territory.
Mr.. Humphreys remarked that if it
We're for client of his. he would move
to quash the warrant.
DIRECT CONTEMPT.
Mr.. Peters next addressed the court
urging the points offered by his dep
uty. In conclusion he observed that
a citation was really unnecessary as
the contempt was committed in the !
presence of the court, and the respond |
ent was now present in court.
I'VE contend he is not present" Mr.. |
Humphreys said.
''Well. l think he is very much pres
ent, your Honor the Attorney Gen |
eral replied.
Willie Crawford is here, but he is |
not present legally" Mr. Humphreys |
Judge Lindsay denied respondents |
motion to quash the process.
Mr.. Humphreys noted an exception
to the ruling and moved for respond
ent's discharge on the ground that 4
cou1d not be compelled to GRIM
mate himself.
Judge Lindsay mentioned that there
was a statute requiring witnesses to
answer questions before the grand
Jury After a little more talk back
and forth. he found Y. All Min guilty
# contempt of court and sentenced |
him to be imprisoned for ten days or
until he purged himself of the con-
-empt by answering the question ask
ID him before the grand jury.
Mr.. Humphreys noted an exception |
and asked the court to fix the amount
# an appeal bond. Respondents
counsel would press the appeal as fast
as possible. Then. the court having |
released the respondent on his own
counsel engaged TO have
he bill of exceptions presented within
.wo hours.
THE COMPLAINT
Following is the substance of the
of the grand jury:
That on January 81 it was duly con-
'iderinC a case entered on it's minutes. |
II which one John Doe was charged |
With the offense of maintaining and |
conducting a lottery.
That on the same day one Yune
sin, otherwise known as Y. All Mir,
vas duly summoned as a witness be-
ore the grand jury. and did appear |
n behalf of the Territory and was
worn as a witness. AS such witness
&c was asked:
t'State whether or not you are on
his 31st day of January. A D. 1905. |
lainta ming and conducting at Homo |
ulu a gambling game known as che
a -
That in answer to the question the
Witness stated:
Il am afraid TO answer. because il |