The Hawaiian gazette., 1911-05-30
JUDGE SAYS LAWYER
WAS NEAR CONTEMPT
REMARK rs ExruNoBD IN FED.
BRAL COURT AFTER BxP1.A.
NATION 10 MADE.
lFrom satardayla AdyertIaer.l


morning during the progress Of the
trial Of the Korean conspiracy case.
Assistant District Attorney W. t. Raw
Inns declined to take his seat when
ordered to do so by Judge Clemens and
the latter intimated that the actions
Of the lawyer bordered on contempt of
court. Finally Mr.. Rawlins succeeded
in convincing the court that it had
acted under Misrepresentation and the
Judge ordered his remarks expunged
from the record.
The scene was exciting while it last
ed and was followed with much interest
by the other counsel engaged in the
case, A. l.. G. Atkinson and Leon NJ.
Straus, and also by the jury. As for
the Koreans on trial, they can't speak
English and they doubtless wondered
what it was all about.
The trouble arose in peculiar way.
Mr.. Atkinson had asked witness
whether he had ever been convicted of
any offense. The lawyer couldn't get
a satisfactory answer and finally gave
it up.
Mr.. Rawlins started to see what he
| SvuAN w. NSAo Nou uOL cOuVlCleQ
of smuggling opiumf'' he asked.
Judge Clemens, who is carefully
looking after the rights of the defend
ants in the case, objected to the dues-
ton. He appeared to think that Raw
Inns was Quitting in"
Demands to Be Heard.
"Why should you protest." inquired
the deputy district attorney.
The Judge declined to 90 into the
matter further and ordered Mr.. Raw
Inns to take his seat.
The assistant district attorney de-
clined to do so. He asked that he be
heard in his official capacity as the
representative of the United States
government, the prosecutor in the case.
Judge Clemens said he would not
hear him, either as district attorney OF
anybody else. He considered that what
Mr.. Rawlins had done in court was on
the border line of contempt
Mr.. Rawlins insisted on being heard.
The judge declared that Mr.. Rawlins
had interfered with one of Mr.. Akin
SON s witnesses. He had already given
his ruling adverse to this action and
he did not wish to hear anything more
on the subject.
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ing that / interfered and 1 consider
your criticism not only unnecessary but
| an injustice, said Mr.. Rawlins in
effect. He then demanded that he be
allowed to explain.
Words Are Expunged.
After listening to the explanation,
Judge Clemens intimated that there
had been misunderstanding, where.
upon Mr.. Rawlins asked that the court
direct. the stenographer to expunge
from from the records the derogatory
statements made. He said that it
would be, unfair not only to him, but
to members of his family who came
after him, if the stigma of having been
on the border line of contempt was
allowed to remain on the record.
JIdge Clemens accepted the explana.
ton and granted the motion that the
words objected to be expunged. He
repeated, however, that he would allow
no interfering by one counsel with the
witness of any other counsel.
Mr.. Rawlins again remarked that in
this instance the charge of bordering
on contempt was unjustified.
Without Costs.
Third Judge Robinson of the circuit
court yesterday ordered that the legal
proceedings before him in connection
with the administration of the estate
of the late Joseph Schmitt could pro.
coed without the requirement of the
prepayment of costs, whether actual or
otherwise. II. H. Williams, the under
taker, creditor, applied for the APP
pointment of Bertram Won Damn as
administrator. The petition stated that
deceased left no will, and his estate
consists of personal property valued at
about $50 and of two lots worth about
1915. Schmitt was an itinerant grinder
of edged tools.
On the petition of E. o. Hall & Son,
Ltd, creditor of the late Chin Sing, |
otherwise known as C. Asing, Frank |
p. Howes was appointed temporary ad. |
ministrator of the estate by Judge
Robinson yesterday.
Whisky Figures in Case.
Charges for hacks, whisky, beer, gin |
and dinners figure in a statement of ac-
counts in the case of II. T. Mills versus |
j. II. Mackenzie, in which Second |
Judge Whitney handed down Judgment |
for plaintiff in the circuit court yester-
day AS a matter of fact, there were |
WV ohAbSy Ohp hBolhbb AldChtuLl6 anu
the other against his wife They were
tried together and the Judgment refers
to them both. Mills, as assignee of the |
claim of the Kohala Club and Trans
portation Company, sued defendant for
$118.40, the balance of an account |
claimed to be due the company. The |
case came into the district court here
by way of an appeal from the North |
Kohala Court. Mackenzie alleged that
the company's claim was fully paid |
and satisfied before It was assigned to
Mills.
Judge Robinson of the circuit court |
yesterday appointed A. e. Murphy, |
Foster L. Davis and E. R. Hendry ap. |
praisers of the estate of the late A. A. /
Deas.
To Quiet Title.
Judge Robinson gave his decision
yesterday in an action to quiet title |
instituted by Henry st. John Nahaole-
ulu ct al versus II. A. Heen. The
Judgment was for plaintiffs, who |
claimed to possess an undivided one
hill f..A. = a.