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'1- v
Established July J, 1S..
iOL. XXVIII., NO. 51 13
HONOLULU, HAWAIIAN ISLANDS, WEDNESDAY, DECEMBER, 23, 18i8.
PRICE FIVE CENTS.
M M
PROFESSIONAL CARDS.
J. Q. WOOD.
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il College 1892. Masonic Temple.
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. E. GROSSMAN, D.D.S.
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phone 731. Honolulu, H. I.
MUUi'M
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OB
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BEAUTIFULLY ILLUSTRATED.
FOR SALE BY ALL NEWSDEALERS
WOMEN'S EXCHANGE.
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Make3 a specialty of ancient Hawai
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assortment of modern Hawaiian work
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and Cocoanut Hats, Etc., Etc. Tel. 659.
DR. M1LA1I SOULE.
LATE S. S. AUSTRALIA HAS RE
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DRESSMAKERS.
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Robert Lewere. F. J. Lowrey. C. M. Cook
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OF
Goodhue Steel
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REDUCED IN PRICE TO
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, $30;
H. E. WALKER
Masonic Temple Block.
n e on
birr
UUUIII
HERE IS
RECORD
Verbatim Report of the Famous
Contempt Case.
WAS A STORMY INTERVIEW
Judge Perry's Questions Discus
sion of Exceptions The Rous
ing Philliplc of Mr. Davis.
In the Circuit Court of the First Judi
cial Circuit. Hawaiian Islands.
"Before Perry, J., at Chambers.
In the matter of the contempt of
Geo. A. Davis.
After argument of counsel for hotk
plaintiff and defendant on exceptions
and bill of exceptions in the case of
F. F. Porter vs. the Hawaiian Pork
Packing Company, the following pro
ceedings were had before the court,
to-wit:
By the court. Do I understand, Mr.
Davis, that you mean to say this is a
proper form in which to prepare a bill
of exceptions, to interweave so much
that is pure argument to say the least?
By Mr. Davis. I did it because I
wished to present and to make a full
presentation of the case before the
Supreme Court.
By the court. Is it not true that,
with the exception of one or two para
graphs, that a general exception would
have covered all you have here?
By Mr. Davis. Surely I have the
right to refer to everything that I
think will bear favorably for me, and
that is all I have done. Suppose I had
taken a general exception , and there is
nothing on the record before the Sup
reme court to show that I took any
exception. Are not the reasons of the
exceptions, and the grounds, necessary
to be stated when I go up? Why
should anything be suppressed from
the Supreme court? If there was not
an arbitrary exercise of power why
should the objections or exceptions be
kept from the Supreme court. I am
bound to state the reasons why I be
lieve it was an arbitrary exercise of
judicial power. I have cast no reflec
tions on the character of the judge.
All I say is that, under the evidence.
believe it was an arbitrary exercise
of judicial power.
By the court. What do you mean by
prejudice and bias" as stated in this
paragraph ;
By Mr. Davis. It is this: T purpose
to argue to the Supreme court that the
case was not tried in time. It was the
first case on the foreign jury calendar.
Second, the fact that you set aside the
verdict shows bias and prejudice on its
face. Judicial prejudice is what I mean.
By the court. -Don't you mean that
it was bias and prejudice in favor of
the defendant, corporation? Is that
not what you mean?
By Mr. Davis. T am not bound to
say what I think.
By the court. In your affidavit be
fore the Supreme court you say that.
By Mr. Davis. The affidavit before
the Supreme court is not here. I did
not mean that. I mean bias and pre
judice in setting asid the verdict, that
you were biased and prejudiced in
granting a trial as you did.
By the court. Why do you omit that
charge from the bill of exceptions?
By Mr. Davis. I don't know, but
that is not what I mean. T am not
here to be cross-examinated if the
court please.
By the court. I am asking you these
questions for your own benefit, Mr.
Davis.
By Mr. Davis. I mean that you were
biased and prejudiced legally, and it is
a proper ground of exceptions on which
to go to the Supreme court. I can
show you hundreds of cases where it
has been taken im on that ground.
By the court. What does this mean,
exception 12. (reading it).
By Mr. Davis. I mean that the lan
guage that you used cannot be explain
ed away. The language you used in
saying that the verdict was an unjust
one. I purpose to show that you pass
ed beyond your functions as a judg.
and that you had no right to state to
the jury that the verdict was an un
just one. that you had no right to say
that those twelve men did wrong. You
instructed them in the law. They
were alone responsible for the verdict
returned.
By the court. In my opinion both
the exception? and the. bill of excep
tions should be stricken from the files
on the ground that they contain mat
ter irrelevant, impertinent and scanda
lous, and should have no place in a
statement of exception? or bill of ex
ceptions. There may be one or two
brief statements which, standing alone,
by themselves, might be proper, but.
they are so interwoven with those
that are immaterial and impertinent
that T feel that the burden should not
lie cast on the court to try and separ
ate one from the other. It is for coun
sel to prepare such a statement of ex
ceptions and bill of exceptions as is
nroner. I decline to allow either the
exceptions or the bill of exception
and order both stricken from the files.
It seems to me that I should ask you
now, Mr. Davis, what you have to sug
gest as to why you should not be fined
for contempt of court?
By Mr. Davis. I have said all I am
going to say. I have nothing to say.
By the court. Then I adjudge you
guilty or contempt or court in the use
of contumelious anil disrespectful lan
guage in the alleged exceptions of and
concerning this court. I must confe
ess
that my patience has been sorely tried
by your conduct, Mr. Davis, and
By Mr. Davis. And so has mine.
ion set that verdict aside on the
ground of legal prejudice and bias. I
have the right to say now to you here,
face to face, and man to man, that
those exceptions are not impertinent
and scandalous, but are proper grounds
of appeal. You have set aside every
verdict of mine obtained during the
iast term of court, and I am now will
ing to take such punishment, and am
willing to submit to any trial, to be
humiliated, and to be disbarred by
your act; to take my punishment in
jail if necessary, but I will never ack
nowledge that you are right because
I say now that vou are artnatpri hv
malice and swayed by passion in deal
ing with me. You got me in here up
on these exceptions to inflict your ma
lice upon me. I have pointed out to
you the Missouri case deciding how I
could get my case before the Supreme
court. That is all those exceptions
contain, and yet, you adjudge me
guilty of contempt. You can fine me
for contempt and put me in jail, but
you cannot stifle my manhood by an
act of yours, and whatever punishment
you inflict I will leave for time to re
move. There has been two trials of
this case, and the verdicts of two
juries have been in my favor, and vou,
Judge Perry, have set them both aside.
Punish me for contempt if you will,
but do not add insult to injury though
you are a judge. You have no right
to cross-examine me as you have done,
and try to extract statements from me!
This is not a court of cessation in
France. You cannot impugn my honor
and manhood or condemn me to con
tumely. Use your best endeavors now
while you have the opportunity, and I
will leave it to a humane
""'in ciliu IV
the future to say whether you or I are
right. I knew that you intended to do
this because you set aside the verdict
for improper grounds and reasons. I
am prepared to say.it. Understand me
i rtm no cuwaru. mis is not the first
time you and I have met, and we have
met now for the last time. I am pre
pared to take my punishment.
By the court. I think a separate
cause for contempt has now been
shown. For the contempt I spoke of in
the use of contumelious and disrespect
ful language in the exceptions I sen
tence you to pay a fine of fifty dollars.
Mr. Davis, I now ask you whether you
have any cause to show why you
should not be punished for contempt
of court for this last cause?
By Mr. Davis. None. I have no
thing to say. Do your worst.
By the court. I adjudge you guiltv
of contempt of court in the use of con
tumelious and disrespectful language
in your conduct and manner to the
court in its presence now. I had hoped
that you would not compel me to visit
a more severe penalty on you at this
time. Tomorrow is Christmas, and
By Mr. Davis. Oh, never mind about
tomorrow being Christmas. You pro
pose to take my liberty away, but be
fore you do it don't talk about Christ
mas. Don't let the anniversary of the
birth of our Saviour, who brought
peace on earth, good will to men, deter
you from your purpose, for even Ra
phael could not depict the Christ on
canvas when he had the imaere of a
Judas in his mind. From von T ex
pect no mercv.
By the court. I consider this con
tinued statement of threats an attempt
to compel the court to desist from do
ing its duty, but I shall not be influenc
ed by any such threats.
By Mr. Davis. There are no threats.
By the court. For this last contempt
of court I sentence you to ten davs im
prisonment, this sentence to take effect
on the completion of the former sen
tence of fifty dollars.
By Mr. Davis. Thank you. I shall
pend my
Christmas in jail praying to
he may make a better man
God that
of you.
By the
take Mr.
court. Mr. Bailiff, you will
Davis in charge.
By 'Mr. Davis. May I ask. after
purging my contempt, will I be given
leave to file new exceptions. I now
move that your Honor allow me twenty
days in which to perfect my exceptions
in this case. I expect to spend ten
days in jail.
By the court. T certainly will. At
plaintiff's request I allow twenty days
in which to perfect his exceptions.
By Mr. Davis.
you will have a
know I shall.
-Well, Judge, I hope
merry Christmas. I
The above places the case before the
public just as it is or was. The rec
ord, verbatim, is published by permis
sion. As Judge Perry remarked, it
was in court closed to no one.
Yesterday morning a writ of habeas
corpus, returnable at 10 a. m. today,
was granted for Mr. Davis, on applica
tion of himself. The prisoner will ap
pear before Justice hitmg. an asso
ciate in the Supreme court. Mr. Davis
said yesterday that he would make a
legal contention to the best of his
ability to establish his claim that the
Circuit Judge had exceeded authority.
NO. 21 INSTALLS
Hawaiian Lofe Seats tie New
A BANQUET WITH SPEECHES
A Program of Toasts Mr. Hassltv
ger as Chairman E. 1. Spalding .
New Master.
Last night installation of officers in
Hawaiian lodge No. 21, F. A. M. took
place. At 9 o'clock, the installation ex
ercises being, over, a grand feast, sat
isfactory in every way, was spread in
the banquet halls, under the direction
cf Caterer Chapman.
Past Master Hassinger filled the po
sition of toastniaster in a manner
pleasing to all.
A toast to the Grand Lodge of Cali
fornia was responded to by Mr. An
drew Brown in words of dignity and
pride.
Past Master Alexander Mackintosh
followed Mr. Brown in an address elo
quent with high, spiritual thought. Mr.
Mackintosh said that Masonry is so
bound up with religion, so bound up
with the moral part of man that it is
difficult to separate them. The pur
pose of Masonry is to bring a bright
light into the lives of men. In this
century the crying evil is unrest.
Masons should meet together for the
purpose of tranquilizing this unrest.
First, we must learn to agree with
ourselves, then can we be in harmony
with mankind. The accomplishment of
this would make a community feel the
need of Masonic lodges.
L. de L. Ward responded to the
toast "Our Sister Lodges," expressing
a high degree of pleasure in viewing
the harmony which exists between the
ledges, the ties which have drawn clos
er during the past year than ever be
fore.
Worshipful Master Norman Gedge
not being present to respond to the
toast "Pacific Lodge," Mr. E. P. Dole
...... r. nnlln.l T 1 ,1 .!,!
Hufl cl 1 1 tru . .til. UJIKZ llldUC ail tLUuieso
bright with good thoughts and good
humor. "The essence of Christ's gos
pel is good will to men and that is
the essence of Masonry," he said. The
greatest purpose in life is to make oth
ers happy. No matter whether a man
he rich or poor, high in authority and
position or of humble degree, unless he
has happiness he has not succeeded,
for happiness constitutes succass. Mr.
Dole closed his address in a happy and
popular way by proposing a toast to
"the man who brings on the turkey."
Hilo lodge was well represented, a
speech of good wrill and praise being
made by a member of that organiza
tion. Past Master M. E. Grossman was
asked to respond to the toast, "Our
Past Masters." Mr. Grossman spoke
at length on the duties of Past Masters
and brought out the thought that the
end was not reached in Masonry with
the attainment of that position.
To respond to the toast, "Our Retir
ing Master," Past Master Joseph Little
was called. In a gracious way the re
tiring Master thanked the members of
the lodge for their support during the
past year and asked the same support
for the Master elect during the en
suing year.
Worshipful Master E. I. Spalding
answered to the toast, "Our Master
Elect," in an earnest manner. Mr.
Spalding gave in a brief form an his
torical account of the Hawaiian lodge
from its organization up to the pres
ent, enumerating the officers, telling of
the growth in membership and show
ing the flourishing condition of the
ldtoge by comparing its present home
to the small rooms where it had its in
ception. J. M. Oat, S. W., spoke in response
to the toast, "The Officers of Our
Lodge," bringing out the thought that
all should in all things be honest with
fellowmen, not only in the lodge room
showing a brotherly love but at all
times.
"Our visiting brethren, they will al
ways find the latch string on the out
side." was a popular toast to which
many responded, a number of visitors
benig present.
Following the formal toasts, several
songs and impromptu speeches were
gi ven.
Hello Boys Pleased.
Some kind ladies remembered the
Absolutely
V
Makes the food more delicious and wholesome
hovai baking
Telephone Exchange boys on Christ
mas with pretty little gifts and good,
seasonable installments of food. The
treat to the boys is duly appreciated
by all of them and very pleasing to
Manager Cassidy. The telephone boys
are on duty days in the year and
it is a good thought for them that some
one can go out of the way to mako
the holidays happy and memorable.
Kalihi Pumping Station.
Kalihi district is soon to have that
pumping station for which provision,
was made by the last legislature. The
call for tenders is in the By Authority
column of this paper today. It is ad
judged by the Interior Department that
Kalihi is more in need of improved
water facilities than any other section
of the city. The people out there hare
been urging this for some time.
The assessment of taxes for 1S99 will
be made next month.
There will be an important meeting
this evening of Mystic Lodge No. 2,
Knights of Pythias.
AN ISLAND GROOM.
Married Upon Receiving Medical
Diploma.
One seldom looks for a romance in
a medical college, where young people
are very much in earnest about their
work and have all their life plans yet
to make, but Otis Burgess Spalding
and Miss Mabel Garrard, who will each
receive the degree of M. D. at Cooper
College on Thursday next, will be mar
ried on the following Monday, the 12th
of December, said the San Francisco
Chronicle some weeks ago. The young
man is a nephew of Dr. O. O. Burgess.
All his education has been directed by
the distinguished physician. He is a
son of Col. R. C. and Mrs. Spalding, of
Hawaii, and his mother came to the
coast to be present at her son's gradua
tion and marriage.
Miss Garrard, who has been one of
the most winsome girls the college has
had as a student, is a niece of Mrs.
Charles D. Lane, wife of one of the
owners of the great Utica mine, as.
well as many other large interests in
California. The wedding will be wit
nessed by relatives only, and will be
celebrated at noon in the apartments
of the bride's aunt, at the Strathmore,
on Larkin street.
Later in the afternoon the young
doctors will leave for Angel's Camp,
where they will take charge of the
hospital maintained by Charles D.
Lane and his partners in connection;
with the Utica mine and other large
mining interests in that section.
TO MRS. SKERRET.
Widow of Late Admiral Gets a
Kalakaua Decoration.
(Washington Star.)
In 1874 Admiral Joseph S. Skerrett,
U. S. N., was in charge of a surveying
expedition off Hawaii. While lying
there in the United States steamer
Portsmouth the Hawaiian Legislature
met an. I declared Kalakaua King, but
there was opposition enough to en
gender an uprising. To quell this the
American ships present, under com
mand of then Capt. Skerrett. volun
teered to land marines and a sufficient
fore of sailors to protect the new re
gent In recognition of this service
King Kalakaua conferred upon Cant.
Skerrett the cider of knight command
er of his Royal Order of Kalakaua
First, and presented that officer with
a beautiful medal, accompanied with
a diploma. This medal and diploma
have remained in the Department of
State since 1SS8.
The Hawaiian Government having
gone out of existence, and Admiral
Skerrett having died a few months
since, the medal and diploma have
been delivered by the Secretary of
State to Mrs. Skerrett, who is a resi
dent of' this city. The reason why the
medal and diploma lay in the Depart
ment of State so long 13 because Con
gress failed to take action.
A fine Christmas feast was provided
by the Reformed Church of Latter Day
Saints for the Sunday school children.
POPULAR PRICES.
L. B. Kerr has a fine display of mil
linery goods at hl3 Queen street store,
and is quoting prices upon other good3
that cannot fall to attract buyers.
SOUVENIR CALENDARS.
If you have not purchased one of
those handsome calendars at the Wo
man's Exchange, do so at once be-
fore the supply is exhausted. 25c.
IRPWOPIEIB
'Pure
powdch co., wew vopk.