The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-09-30

SfQ0r6C a vital uG1SLcc. ne MOAiA a.
in justice to himself. the court havin
! made this charge without notice, tina
the matter be gone into by the cour
as speedily as possible; until then n
must rest under what was a serious
attack upon his professional and per
sonai character. and he was ready Il
meet that attack. He was clear tina
he had not done anything to infringe
his rights of attorney in that court o.
any other court and under these cir
cumstances he was perfectly willing
if the court thought proper. for 1t tt
overrule that demurrer pro forma ano
give him protection under law. He
would then be ready to go on with the
hearing. He made this request be-
cause of the situation in which he was
placed by this charge having been
made. He would be placed under this
cloud in the community for a Whole
month or more without giving him any
chance to defend himself. or without
his being able to make a statement In
public, as Els Honor had publicly
charged him with the offence.
His Honor said this proceeding was
an investigation into Mr. Andrews
by the court itself and was based upon
facts which had come to the knowledge
of the court itself Proceedings in a
case of this kind were like ordinary
proceedings in court. The charge,
whether filed by a legal association,
District Attorney or by the court 1T
self answered to the petition iii an or
binary case. and the answer or reply
-. flk.H 70 q
answer in an ordinary case. If the
respondent decided to demur, as Mr..
Andrews had done, the demurrer was
filed, and the whole matter was judi
cial proceeding, and would proceed
along the lines of an ordinary suit IN
court. AS soon as the issues could be
made up. evidence would be taken to
substantiate the facts alleged, and then
Judgment of the court would be rem
dered upon the evidence. This case,
however. differed In that the court it
self had instituted the charge. The
court would take up and pass upon
the matter as speedily as possible. Con-
sistent with a careful investigation or
the whole matter. 1t was serious
charge, and it was made deliberately
and very reluctantly by the court. and
so should be really carefully gone into
with all consideration that could be
bestowed upon it. The court did not
feel inclined to pass upon Mr.. An
drews' demurrer Immediately, but
must look into 1t. and the points raised.
and would do that at the earliest pos
sible day. His Honor then called upon
Mr.. Musso to. make any statement he
saw fit He was attorney of record in
the appeal, his name was mentioned
m the petition, and also in the charge |
and he had a perfect right to make
my statement he desired
Mr.. Musso: If the demurrer is sus-
aimed it will not be necessary TO make |
my statement.
Mr.. Andrews said he asked in JUS
ice to himself that the ruling on the
demurrer be given, and If it was over
uied, he be allowed a hearing ON the |
acts before the court took vacation.
t It should be that these charges were
Infounded, ne had to rest without any
edress in this community for two
months under charge, which, If true.
night be such as to preclude him from
practising in that court, and not only
hat, but would certainly cause his
anne To pS III d1SIEPQlC l1AC SOAAA-
1unity.
His Honor: The court would pass
pom 1t Immediately but for the fact
nat it is now engaged writing decf-
ion in the case of Toeg and Reed ". ;
uffert, and cannot possible conclude {
nat for two or three days
Mr. Andrews: The propositions are i
OF difficult of law. They are self (
vident Tt is a question whether the II
tation covers the facts. If your Hon I
r feels. having drawn the citation |
ourself, that it does cover the points, I
am willing that the demurrer should #
: overruled. What + deprecate In this !
latter is delay. What / ask for is s
hat any criminal is entitled to, I
,eedy and impartial trial. io
His Honor: You are not cited on n
ny criminal charge here. The court II
merely investigating your profess a
onaI conduct. +
Mr.. Andrews: If am guilty of 6
lis. am I not guilty of perjury? ~
His Honor replied that the court | s
light be satisfied morally that one 6
light be guilty of an offence, but not z
Efficient to convict. In disbarment 7
,oceedings the court went to the b
oral character OF the offence. but t
d not charge him with a crime. +
His Honor read the demurrer and h
i'd the court would overru1e 1t at d
ice IL certain alterations were made
what it considered scarcely correct "a
atements. notably the assertion that -
e court was an interested party. In
Mr.. Andrews said he would prefer to A
ave 1t as it was. Is
His Honor: Very well. the court r
errules the demurrer. Mr.. Andrews II
ay proceed TO put in his answer. n
Mr.. Andrews: 1 note an exception to III
at ruling. II
The Clerk: Exception noted. ii
Mr.. Andrews asked for an afternoon I
ssion. but the judge said they had \
erely to set the case down for hear
e then. =.
Mr.. Andrews then read the following 4
swer. !,
Attached to the answer are a number
letters and testimonials which we /
all publish in subsequent issues. =
SSwER OF LoRRIN ANDREWS, ii
RESPONDENT. II