The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-10-08
.CARLSMITH IN
VITED OUTSIDE"
Merry Case Before Judge Wise,
Which Is Followed by
String of Cases.
CMai Special to The Advcrtiscr)

(Mail Special to The Advertiser)
HILo, October 5.-Carl Carlsmith,
Hilo's leading attorney and politician,
appears to be having an extra share of
excitement these days. Last week, in
his capacity as campaign manager for
the Hawaii G.. o. p, he was respectfully
requested to go to Sheol by one of the
candidates. Later in the week he re-
ceived pressing invitation to "come
outside' by Judge Ferry, of Puma, who
happened to be on the other side of
case before Judge Wise. Up to the hour
of mail closing, Mr.. Carlsmith has ac-
cepted neither invitation.
| Ferry is district magistrate of Puma.
He also has a Japanese tenant, and
when he went to collect his rent the
Japanese is alleged to have "cussed
him out At any rate, Landlord
Ferry changed to Judge Ferry and or.
dered the Japanese arrested. Then, af-
ter two or three adjournments, the ten
dollars the Jap put up as bail was de.
claIed forfeited. Then Judge Ferrv
issued another warrant for profanity
against his client and this time had him
Iup before Judge Wise. This is where
Carlsmith appears on the scene, as at
| torney Tor the japanese.
Ferry on the stand and Carlsmith as
cross-examiner, produced a merry scene,
in the midst of which Ferry challenged
the lawyer to step outside minute and
give him (Ferry) chance. Carlsmith
wanted Judge Wise to fine Ferry for
contempt of court for issuing the chal-
lenge.
''Like a Mad Bull.
GERRY comes into court shifting like
a mad bull" said Carlsmith. "He
shows himself so bereft of common
sense, of deeency and of respect to this
court that he invited counsel to come
outside and settle matters in the street.
He is comparable only with Watanabe,
who, at the time of the Funakochi case,
had to be restrained by a policeman.
He behaved like bear with sore
head, and / do not believe that your
honor has ever seen either man or ami
NAL come into this court so absolutely
enraged as Joe Ferry is. If he behaves
like that in the calm precincts of the
codrt, what was he like on that day
when he met the Japanese in his own
district, where he is like little king
The Japanese referred Ferry to me, as
, his attorney, as was perfectly proper
/ but the mention of my name sent Dis
trict Magistrate of Puma Joe Ferry
stark raving mad. He is so thoroughly
stepped in the poison of hate that hi
/ evidence can be of no value"
Carlsmith went on to recite the in
9 cidents which had led up to the fna
!, arrest. "Ferry took away $40 from
this man." said he, "under such cir
n cumstances that the supreme court viii
Q have a chance to discuss them hereaf
ter"
Worse Than Mills.
"Did your honor ever hear such
piteous man as Carlsmith,'' argued
Ferry, in reply. "Instead of keepin,
to the facts, he INDUCES in sarcasm
Harry II. Mills, who is supposed to b
the most obstinate man in court, wa
not so bad, but Frank Thompson ha,
to strike him. I; would challenge an
man under such circumstances. Carl
y smith should not be so conceited, any
:. how. He acts so cowardly to me be
:. cause he knew he had me in the wit
a ness box, where I could not come bacl
e at him, but when I challenged him t
y come outside, he dares not accept il
y He was so cowardly that he dared no
y stand up from his chair
r Ferry tried to tell the story froI
e the genesis thereof, when Carlsmit
t asked the court that he be ordered
g confine himself to the record.
d "No remarks from you, my man,
II said Ferry. eff you have anythin
to say, come outside and say it."
It The defendant was finally discharged
J Now Suing Magistrate.
Now suit for malicious prosecution
involving a claim for damages in til
sum of five thousand dollars, has bee
filed against the district magistrate {
Puma.
Attorney Carlsmith states that tn
n is not the only suit which will be file
H against Ferry in connection with h
II trouble with Mitsuhara. 1t is the il
tention of the japanese to file SON
time next week an action for false in
n prisonment against both Ferry and I'll
v police officer, who made the arres
named Kama, and this suit will also il
volve a claim for damages in the su
of FIVE thousand dollars.
l.