Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-08-14


was nothing wilful In the mis-state.
ments OF Mr.. Smith, and there Is nc
doubt that Mr.. Kinney then and
now entertains that view. Smith
having been indicted. II was In or
der to try him for the offense, and
II soon became apparent that Judge
Humphreys, then In a desperate
frame OF hostility and bitterness
against Mr.. Smith arising out Of a
long, bitter and open controversy In
the press and otherwise, was going
to preside at Smiths trial. Smith
and his friends felt that this would
be absolutely unfair, and that II II
took place Mr.. Smith ran a chance
Of being convicted, where. according
to their view. Justice required nothing
Of the kind.
Under these circumstances the
question arose how to prevent Judge
Humphreys from presiding.
There was no statutory disqualifi-
cation, the only possible question
being whether the courts might not
hold a disqualification In case an
active, deep and bitter personal bias
and hostility on the part Of the
Judge was shown to exist.
This, though forlorn hope, was
the only chance in sight in the judy
ment of number Of prominent at
torneys who came to Smiths assist
ance, including Mr.. Kinney. and this
forlorn hope was no hope at all un-
less It brought out to the fullest de-
gree the hostility and bias charged.
Under these circumstances affidavits
were prepared. material for which
was furnished by Mr.. Smith himself.
going at length and In detail into
the bitter feud existing between the
Judge and the prisoner at the bar.
1t is quite true, as Smith now
says, that these afiidavits were pre-
pared without regard to consequence
es, and certainly with no flinching
on the part Of the men who prepar-
ed and presented the material fur
nished by Mr.. Smith.
When It was completed and sworn
to somebody had to present 1t, and
that somebody who undertook the
Job was Mr.. Kinney, though 1t was
freely predicted and expected that
the result OF presenting the motion
and afiidavits would be imprison-
ment for the lawyer that did 1t. Mr..
Smith never spoke truer words than
when he now says: THE affidavit
was 'unguarded,' and 1t is equally
true that the man who reaped the
benefit OF that desperate protest
against his trial by bitter enemy
was this same MIR. Smith who now
chides Kinney with having drawn
UP an unguarded aflidavit.
II Mr.. Kinney had been on his
guard, he never would have run the
risk at all. which was service rend.
cred beyond the strict requirements .!
his professional obligations. and
Which,, db y idttct VI iuSt, "os nv
purchasable with money. Mr.. Kin
ney, together with Judge Ballou and
Judge Hartwell, his associates, who
were only incidentally concerned
with the matter. were sent to jail
for contempt OF court, Mr.. Smith es-
capped unscathed, and later the At
torney General dropped the case.
This we think an unvarnished
statement OF the situation brought
out by the incessant suggestion OF
the editor Of the Advertiser that the
strike prosecution s attitude OF dis,
trust towards him Is merely the
eagerness OF counsel to get fee.
The most suggestive feature OF
Smiths renly this morning to the
matter Of past services rendered by
Kinney and the best index by which
to read the man Is the claim OF Ed.
tor Smith that "he never employed
Mr.. Kinney In his life, he never had
a bill from him and never owed him
a fee. The Gazette Company en-
ployed him."
In what way was the Gazette
Company responsible for the sworn
statements OF Walter @. Smith made
before q Grand Jury touching a mat