The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1906-08-31
SMITH ON
THE GRILL
1From Thursaay,s Advertiser,

Trom Thursdays Advertiser)
There was meeting Of the Bar As
sociation yesterday for the purpose o
considering the report Of committed
| appointed at the annual meeting 90 in
| vestigate the actions of Carl s. Smith
the IIilo attorney, in connection with
| the case of five Koreans who were de
| Tended by him on charge of murder
While the men were waiting execution
| Deputy Attorney General Mlverton
wrote Mr.. Smith, at the request of the
Acting Governor, asking him if he
knew of any extenuating circumstances
that would warrant executive clemcn-
cy. His reply to that letter presumed
violation Of the confidence supposed
to exist between attorney and client.
Hence the investigation and reports
submitted.
Before hearing the report, the asso-
citation passed motion to the effect
that Congress be asked to confirm all
naturalizations made by circuit court
judges in the past.
MAJORITY REPORTS.
The committee appointed to investi-
gate the Smith affair was composed of
Judge Perry, chairman, Judge Stanley
and ID. l.. Wilmington. The first two
rendered majority report in which
Smith was handled without gloves and
subsequently made to feel good. The
committee reported that they did not
believe he realized what he had done.
They did not want him to be found
guilty Of unprofcssional conduct be-
cause it meant his dismissal from the
association and there was no lesser
penalty provided by the constitution of
the organization. Under the resolution
the investigation the work
of the committee was confined to
Smiths letter; the quality of the de-
fcnse put up by him was not to be gone
into. This was another saving clause I!
for Smith for it is said he took only |!
thirteen minutes in his argument of /
the case on which the lives of six men |
depended.
SMITH MAKES ADMISSION.
As to the writing of the letter,
which Smith admitted, the question
lrose as to whether he had been au-
horized by any of the defendants to
make the disclosure complained Of He
'aid he had not been so authorized, that
he relation of attorney and client ex
sted when he made the statement to
Milverton who, as deputy attorney gen
'ral, had conducted the prosecution of
he case against the men who were
zach charged with the crime of murder
n the first degree. That Milverton
igned his letter as deputy attorney
general and indicated in his letter that
he information asked for was for use
leforc the Governor in the eonsidera-
ion of the matter of the enforcement
# the death sentences. A paragraph
n the report is:
owe believe it to be one of the
fundamental and most important prin-
iplcs of law and rules of our profess
ion that all communications made by
client to his attorney, during the pen
Iency of the relation of attorney and
licnt, concerning the matter which is
he subject of the relation, and upon
which professional advice and aid are
eing sought, are confidential and priv
eyed and can not be revealed by the
ttorney without the consent of the
lient. The seal of secrecy does not
ease with the termination of the liti-
alton or other business in which the
were made, nor even
nth the death of the client, but con-
lnues forever. Upon the facts above ,
tated, Mr.. Smith s letter is, it seems
o MS, violation of this principle. The {
lateriality and grave Importance of the
which were admittedly