The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-09-30
JUDGE Whitley
MAKES AN ATTACK
ON LORRIN ANDREWS

tent could have properly protected and
: defended his interest and had acces:
to the papers and proceedings in SAID
, court.
j 18th. Respondent, further answering
! the citation as to the exhibits attached
! herein, denies the right OF the court
to charge him and convict him of what
is practically a criminal offense and
to take from him his livelihood and
reputation on an alleged printed rec
ord and copies thereof without the
! originals being produced and respond
ent being confronted with legal and
| adequate proof. And respondent fur
i; Their answering the citation alleges
:. that as to what occurred in the Unit
! ed States Court for China on the 10th
of February, 1907, he had no knowledge,
j but that the respondent made his petit
ton, which is on file in the Ninth
! Circuit Court of Appeals, on the facts
Il which had occurred prior to the time
of his leaving Shanghai and upon in
formation he received in communica-
ton thereafter and up to the date of
the signing of said petition.
i 18th. And respondent further an
swering the paragraph in said citation
4 where the judge of this court states
| his own knowledge to be at variance
/! with the alleged statement of respond
ent, alleges on information and belief
| that the following cablegram. in an
j swer to the mandate of the court or
dering Mr.. Prices release on bail, was
sent by the clerk of this court to the
| Ninth Circuit Court of Appeals:
~. S. Government kilograms.
'F. D. Monckton Clerk Circuit Court
! Appeals San Francisco. District Att
torney Court again examine Consular
Court regulations sixty-six having
force of law statutes forty-one hundred
eighteen. Acting creating this court
section Ave refers my treatise Consul
lar Jurisdiction Judge modified regula-
! tions sixty-six giving court discretion
| instead Minister bail denied because
appeal frivolous papers before Appel
late Court unofficial incomplete attor-
ney petitions suspension order until
full record arrives per steamship Cop
Atic leaving Shanghai February twenty
six. rs words Shanghai, February
23rd, 1907. Hinckley Clerk Court
China
That in said cablegram no mention
feGted for reason of delay in filing
bond, but the reason given for refusing
bail is that said appeal is frivolous, -
which is respectfully submitted as an
Iimpertinence from the clerk of an in
ferior court to the Appellate Court
which is to decide upon said appeal
involving the liberty of an American
citizen and his release from a dis
graceful charge.
14th. Respondent further answering
the said citation denies that he induced
the United States Circuit Court Of
Appeals to take action and issue an
order in a case pending before 1t by
an affidavit or petition except one
which the facts of the case utterly
warranted. He admits that he did
state that said Price was deprived of
the right to bail and that this allega-
ton might be construed into "a charge
of gross misconduct by the judge of
this court" but that the same has been
admitted to be true by said judge and
the records of the court will show the
same.
18th. Furthermore, your respondent
had no knowledge of the denial of any
statement he made in any petition by
the clerk of the court or the Judge of
this court prior to the filing of this
citation.
10th. Further, your respondent calls |
your attention to the fact that he is
practically accused by the judge OF
this court with the crime of perjury |
committed against him, the Judge of
said court, and charging the judge
of said court with gross negligence
and misconduct in office, and your re-
spondent alleges that the Honorable
Lebbeus r. Wiley, judge of said |
court, who makes such charges against /
your respondent in this citation, and I
who signs the same, is thereby pre- /
cluded and is stopped from trying your
respondent on said charges. That there
is a legitimate and just tribunal be-
fore which any charges against re-
spondent can be tried, to wit, the
courts of the State of California, where |
respondent and the Judge of this court /
will meet upon equal terms. But re-
spondent claims that the action of said I
court in insisting upon trying a charge !
against itself is unprecedented and un-
fair to your respondent, especially I
where the penalty will not only tend to /
lose his profession andtchance of earn
ing livelihood.
18th. That respondent further al
leges in answer to said citation that at I
all times when respondent was acting |
for S. r. Price in the State of Califor- |
MIA, respondent was not an officer of I
this court nor responsible for his ac-d
tons therefore to this court as such |
officer; and respondent further denies /
the jurisdiction of this court to try I
him for such actions.
18th. And respondent further an
swering the citation alleges that while |
in no way admitting the accuracy of
the alleged petition in the so-called |
printed record or by a copy of the /
alleged petition attached to this cita-
ton, that in truth and in fact re-
spondent was informed by the counsel |
for Mr.. Price and others, that frequent
applications were made to the court for
authenticated copies of papers and
documents in said cause including the
papers which were sled in connection
with tho on %ha 40 of |