Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-12-07

dresses OF the counsel for defense anG
Of the public prosecutor in Judge
ROhinSOn'> court last Wednesday
morning. Some Misunderstanding a.
to the facts in the ease and the charge
upon which the young man was tried
has arisen, and the statements moi
only explain these. hut concern so Wit.
ally public policy in dealing with these
questions that the attitude OF the pub.
lie officials l. OF much Importance
Statement OF E. c. Peters, Counsel
For The Defense.
II the Court please. in this regard
the presence or absence of public COM
mcntS and the presence of absence OF
taoEe interested in the welfare of the
public l. know has never affected this
Court in considering the facts of any
particular case before it. notice
here this morning, If the Court please,
a3 your Honor no doubt has noticed,
d representative body of those people
who are interested. like this Court,
anG no more and no less take it. in
the welfare of this community of HO-
nolulu. Your Honor has also noticed
mo doubt. or will take judicial notice
Of the fact. that certain articles have
! appeared in the public press in refer
epte to this particular case; and ! do
rot think the judge of this court will
re influenced by any comments in
civil or criminal proceedings before
this court.
AS matter Of fact matters of this
:, kind, take it, SAVIOR very closely Of
the contempt line, and were the case
i the magnitude which is attempted
20 be attributed to it. / would take
those steps. which I think my client
would be entitled to bring to the at
/ tIl.tion of the Court.
I Your Honor, as | understand it, has
al eady had the defendant ano the
! complaining witness before you. and
have heard their stories with regard
to the facts of this particular case. All
Of the details you have found out Of
this case for yourself, unvarnished by
! the theory Of outsiders and unvarniSh-
Cd by the attorney for the people or
the attorney for the defence.
! We have here condition of affairs,
/ il your Honor please, that. as L take
|
1 young lady whom | do not propose to
! refer to at all relative to her prev
/ ious demeanor. or conduct or her
standing in this community. We have
certain conditions. however. if your
Honor please, relative to a certain
household and husband and wife and
children, and which by the assistance
of this certain young lady and certain
/ ps pathological conditions came about,
! anc certain acts are committed and
a crime against the statute is pUrpe-
trated; the circumstances of which, to
nv mind, point inevitably to the con-.
I clusion that these conditions were
brought about by the female herself.
The offence with which this defend
an: is charged is not a heinOus one;
l. is an offence of impulse; and have
10 reason to doubt the story Of the
defendant that when he went to the
home of the young lady he went there
fer a lawful purpose, at her invitation
and was received in the home in
way lawful and above board. What
happened subseQuently-thiS being
1.-The first time these two parties met
il is sufficient to refer to without go
ing into details But the opportunity
and the quick response leads me to
! believe it is not one of those where
the male defendant has taken advant
, age of conditions by reason of, per
/ haps. greater age, greater worldly
| knowledge and greater thinking as to
what exactly his purposes We're. be-
| liCve that as far as the facts OF this
/ case are concerned, that the retend-
| art, Mr.. McCorristOn, who has borne
a splendid reputation in this commun-
itv and has never had any offence
! charged against him prior to this one,
die not upon this OcCasiOn-fOr the
first time visiting this young ladyT7by
any wiles or innuendOeS lead this sir!
| aslray. He, simply committed the Of
! fierce as we know it under conditions
ae we know them, and | do not see
any reason for any harsh punishment
! to be melted out to him in view OF the
facts as your Honor knows them. Inc
penalty fixed by law is in the alterna-
+ tive. either fine or imprisonment, ana
honestly believe that the ends OF
Justice would be we'll subserved by
1.-THE infection of a money penalty Tath-
er than by the sending Of this young
man to the Honolulu Jail for any
period, however shQt.
The, situation as I find it is not a
new one We have not come to the
millennium yet; We are not III that
position on the road of life in this
community that drastic measures
should be melted out to this young
man; we have the same conditions
now we have had in the four years
gone by. etc, which l, heartily as any
/ one else. depreCate: and see no
reason TO take this case of forncation
and treat 1t as a heinous attempt 10
commit a crime of much greater i'm.
port As far as the facts are con
cerned, | have no reason to believe
/ that anything have stated IS be-
Iyond them, and am perfectly willing
! for the County Attorney to state the