The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-07-21

concerning said cause. knowing that
the same would be published in the
press of San Francisco and through
out the United States, to wit:
1T seems to me. from reading the
opinion, that the judge who wrote it
thinks that !, and not the Grand jury,
was responsible for the indictment OF
his brother-in-law, Mr.. Brobeck. The
case was submitted yesterday and de-
cided this morning in an opinion COW
ering thirty-two typewriter pages. |
am satisfied the opinion was written
to protect Ruef intsead of Schmitz,
and to keep him from testifying
against the friends and relatives of
the judges of that court. | think the
decision was hurried by my action in
sending Ruef to Jail. The fear was
that he would there weaken and tell
all he knew. There is no question of
the suficiency of that indictment. In
rendering their decision against it the
Appellate Court entirely ignored the
two leading New York cases that have
long governed the question at issue.
Whoever before heard of a court dis
GUESSING a case on it's merits and
reaching a conclusion, and then, as a
tag or afterthought, decide that the
Indictment was defective; that the
whole machinery of the lower court
was wrongfully put in action? Such
method of decision seems childish
and any court that INDUCES in such
special pleading must be animated by
motives of malice or interest. be-
lieve that if | had had the power to
appoint an elisor for that court and
had been able to protect it from out
side influence it would have rendered
decision more in conformity with
the law and the evidence. About the
only thing the decision does not do is
to advise Schmitz to sue Mayor Taylor
for the back salary of the term of
Office of which Schmitz was deprived.
The only pity is that we cannot get
all the truth. It is of small conse-
quence who is indicted or who con-
victed, so long as we can reach the
exact truth. This decision seems to
put gag in the mouth of truth and
to make it harder than ever to reach
the facts | firmly believe that the
honest Grand Jury which returned
that Indictment and the honest trial
jury which rendered the verdict will
be remembered by grateful COM
munity long after the names of the
present judges of the Appellate Court
have been lost and forgotten"
ATTACK ON GOVERNOR.
Honorable Frank H. Dunno knew,
Tor ought to have known, that no man S
life or liberty could be secure unless
the principles laid down in the deci-
sion of the District Court of Appeals
in the case mentioned are upheld. Re-
spondent knew that no man can be
tried or imprisoned for a felony in
the United States or in Great Britain
upon an invalid indictment Respon-
dent knew that the right to full and
fair cross-eXamination of the witness
es against defendant in this land is
as old as the government Respon-
/ dent knew that the right and duty of
an Appellate Court to determine final
| ly what the law is in every case of
which it has Jurisdiction are sacred
| trusts derived from the people, and
that he who arraigns the members OF
that Appellate Court with false accu-
sations of corruption in Office is at.
lacking the sovereign government oil
the People themselves, and is a fan
more dangerous revolutionist than one
who resorts to physical violence.
The members of the First District
Court of Appeals and of this cour
must, in the course of nature and
events change and pass, but the court,
of the land must remain, if civiliza
ton endure That all judges are no
gifted with genius in the law. that al
are liable to error in decision, is
hackneyed truism, but it is not so OBJ
vious to some persons that few judge
are dishonest, and that no judg
should be subjected to Islander and II
bel and made a target for shafts o
character-assassins. For the wrong
doer on the bench, the Constitution
has provided a remedy, and for the in
competent judge the people have tn
ballot.
The excitement that surrounded tn
case alluded to in the petition may
T and likely will, be paFalleled in the fu
ture in some unexpected event, an
, the sooner the courts set an exampl
: against wanton and malicious aspel
sipns by these who do not wish {
abide by the law, che greater will tn
security OF society be in all its enjoy
ments and rights
The language used by responder
5 Hon. Frank H. Dunno, if true, d,
= mands the Impeachment of the men