The Hawaiian gazette., 1913-10-24
NJ bride OBJECTS
TO CLOSED DOORS
X Bilo Case Postponed 10 Test
Courts Right 10 Exclude
the Public.
lMniI spceiaI 10 The AdyertIset. }

bt'n ElN'h W HOsl shlhtiOut tbSe
now being heard by Judge Wise, in
which Claudius Mcbride is appearing
Tor the dofe. Sc, IN that Mcbride has
lad the case put over to test the right
oi the ,Odrt 10 hear the testimony be.
Lind ,iOscd uoOis. 'ihe ,ase is one
to which tbs press has been especially
a..,.a b, .he IA, tniir couIt 70 lI.e
the widest possible publicity, but in
Nn.th trt c.IdCnce 10 OF so shot King
"a baturc that Judge MIse believes the
b,st interests on the pGbiic are to be
s,r,rd y allowing o,ny those to hear
1t who have d professional interest IN
tic asc Ur iueilnvoiNcd in 1t. When
Judge WISE ordered the courtroom
O.. I'd Of the public on saturday, Me.
Bride strenuously objected. When this
Objection was OTcrruled, the attorney
iUr The defense then wanted the press
rcp1, scutatiNcs excluded and objected
to the presence of lawyers other than
those directly interested. Judge " Use
told Mcbride not to be silly. Later
on he warned the attorney against all
Ndn,img luther absurd objections. Now
NJ, Bride is about to bring mandamus
proceedings TO allow the public to at
tend all the sessions of the trial.
An Unsasory Case.
The case is one in which William
Silva, Lben Napoleon, Manuel Dias and
HOou, the first named three
being brakemen on the Hilo Railroad
and the last named an ex-brakeman,
are charged with indecent assault upon
Agnes kaluna, a girl whom her father
tcstiLes is only fourteen years old.
After hearing the preliminary testi-
mony, which was bad enough, Judge
Wise, at the beginning of the after.
noon session, ordered the courtroom
cleared.
Mcbride objected strenuously, and
Judge Wise tried to explain that the
/ public was excluded as the nasty testi-
/ mony was not proper thing for it to
listen to. He took this action for the
sake of deconcy. But this was some.
thing that Mcbride couldn't under
stand at all. He insisted on having
his objection to -decency stated in full
and to have it decorate the court rec
! ords
He objected on the grounds that the
order was incompetent, irrelevant and
I immaterial. Likewise, it was contrary
to the law. Furthermore, the court had
no power to make the order. Finally,
all trials before courts in the United
States must be conducted openly.
Claudius went ON to quote lot of
law, which he wanted placed in the
record, also, but Judge Wise told the
clerk not to mind about that, as the
court knew the law
Press Too
q If such a rule is made no exception
can be made in favor of newspaper
man, clamored Mcbride, the court
having stated that the press might re-
main in the courtroom. The objection
was ignored.
lin that case. as member of the
public, | shall have to withdraw" an-
nounced Mcbride, making bluff at
getting ready to depart.
Proceed with the case,n ordered
| the court.
but give me only fifteen minutes
in which to present authorities that the
court has no right to hold it's sessions
behind closed DOORS" begged Claudius
There was nothing doing.
1.-The rights of the defendants are
not prejudiced by this" said Heen
You have withdrawn, Mcbride, have.
MT youl' he added, ungenerously call
ing the Claudius bluff. p
''The court forces me to stay" wall
ed Mcbride.
81 don't force you,'' said Judge
Wise. "You can 90 or stay, just at
you please.
But Caudius stayed He said he
could not forsake his client.
Hcen objected to the presence in the
courtroom of Manuel Furtado, the law
yer runner with the long police court
record, but Mcbride took Furtado unto
his bosom, proudly announcing that ht
was his associate.
Has the deputy sheriff right to he
herel' was the next shot fred by Me
Bride, glazing at Martin.
eco ahead, and ask no more foolish
qucstions,' ordered the court.
81 object to his staying here,' in
sisted Mcbride.
This brought forth sharp yeprimanl
from Judge Wise, and Mcbride put oil
the soft pedal for while.
Objected to Clerk.
After a while Bernard Kelekolio, tn,
clerk of the county attorneys depart
Weht, arrived IN the court room, having
been summoned by Heen to take note
of the testimony.
This was meat for Mcbride. He in
stantly objected to his presence.
1--WE have here court behind closet
DOORS he declaimed. Except tina
the police can be here and any on,
whom the county attorney wishes. y
~ II have no more of that kind Of
talk said the court, ~ will stan
for no more talk like that You will
have TO conduct yourself IN this cour
Just rs you would in the court up
stairs
Put ! object to the presence O
kelokollo, rs he is to be called as
witness by me-" insisted Mcbride
who forthwith had a subpoena issue
for Bernard,
lleen stated that the prosecution
would not call Kslekolio, and that NJ
Bride could not object 10 the presenr
Of his own witness, and, this view bs
ing taken by the court, Bernard ',
manned,
Boosted OF the Crime,
Auuulpou = QroHs examination l.a,t.sh