The Hawaiian gazette., 1913-05-27
B|TTING SAYS He DOES
NOT FEAR CONTEMPT
(From Saturday Advertiser)

self open TO an action of contempt of
court, said Deputy United States Dis
trict Attorney Biting yesterday when
questioned as to the possible result of
his criticism of the attitude of the
petty jury ana the federal courts in the
criminal eases which 1T has heard dur
ing the past month. Biting made the
criticism last Wednesday in open court
during the trial of Solomon Haumea,
charged with incest, prior to the day
when the jury found the young Hawaii
an guilty of the statutory offense and
Judge Sanford b. Dole sentenced him
to year in the Oahu prison.
"Contempt OF court, as understand
it, said Mr.. Biting, "means dis
respect to those who administer the af-
fairs of court, and in this instance, so
far as the two judges are concerned
and the jury which in criminal cases
is practically the dictator outside the
court. Personally and professionally,
my regard for the judges has always
been affectionate and respectful. We
have differences of opinion as to the
law and the application of the law.
| Indeed, | materially have differed on
many occasions with the judges in
eases | have tried before them. They
have heard my expressions of this diff.
ference, vet neither of them, | be-
leve, have considered for an instant
! those expressions to be disrcspectful or
other than honest.
Explains His Action.
"In the Haumea case recently before
Judge Dole, | expressed the opinion
that under the peculiar conditions OBJ
tanning here and perhaps unconsciously
assisted by the judges, undue regard
was given to leniency in sentence. |
did state that / had heard from in
Vulnerable sources that it was an easy
thing in the federal courts. Personal
ly, have been ioked on the undue ex-
ercise, of leniency which holds in the
district courts. At the same time,
| stated that it was not encouraging to
either my superior in office or to my
self in the discharge of our duties to
feel that the efforts we were attempting
to use to intensity respect for the fed
, eral laws, were proving of such little
! avail. / was talking plainly. Other
wise my expression of honest opinion
4 would not have been in place.
j. ar am speaking solely for myself
A have had iurymen say to me that
there wasn't damned one of then
who didn't believe the man charged
i, with the crime guilty of the oifens'
! when they went to the jury room. Yet
= they returned contrary verdict. They
found the man not guilty. 1t was as
ssting in the violation of the law by
; failure to obey their conscientious be
. lief. know how il was They hunted
J for a legal tochnicality, minor quib
BILE, upon which to base verde
e against the respect and regard for tn
law.
4 "Convictions have become so rare il
e the courts that the jury system leave
an open mark with large interroga
ton. As my own personal opinion,
:, regard the jury system farce and
! fraud. ] think | stated this once, bu
:, il not | will state it now. Juries, ar
relic of barbarism. Their days pass
ed with the feudal ages which gave j
"a birth. would rather take my chance
u in fighting case before single W
n right. conscientious Judge than an
IS picked Jury which ever was impanelee
"Down With Jury System.
5. ~ am against iuries. | also Al
$. against that other hampering procedur
a of law which presumes that ma
$. charged with crime is innocent unit
proven guilty. | am for the frene
nj system. which in this instance is tn
9. direct reverse of ours. An honest
.e innocent man needs no shield othe
K. than the truth. Why should erin
nal have advantages to prolong hi
. career upon society under such absur
- laws!
:, "lt was these matters which arouse
:, my ire in the Haumea criticism. 1t
~ these matters which have caused tn
~ district attorneys Office to meet wit
'such i'll success in recent eases we nav
prosecuted. Nevertheless, we are a.
* tempting to discharge our duties col
&c scientiously, and If an expression Q
IL personal opinion and personal feelln
upon my part has brought down upo
u me the condemnation of my superior
d. in office, ! would say that | have to
s. much respect for my profession and o
IN fee to be consciously guilty of coi
9, tempt of court "
II, on account of a slight indispositio
ct Judge Dole of the district court befoi
We whom Biting voiced his views, was nj
eu in his office Yesterday, but when aske
rs over the telephone as to the truth
the report, he said that as far as !
en- was aware no action had been take
~ charging Biting with contempt {
VI court