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PAGES 1 TO S.
PAGES 1 TO 8.
ESTABLISHED JI LT I 18M
NO. 5S67
NOLULU, HAWAII TERRITORY, MO DAY, MAY 27, 1901. SIXTEEN PAGES.
PRICE FIVE CENTS.
NSATION FOLLOWS SENSATION IN THE SMITH CASE
LfER 0. SMITH REPLIES
TO JUDGE A. S. HUMPHREYS
Clr in A rl ri i T i rk n ir Ti-rcn C .
tag dU nuuiuun vv iiiloc OWUril
in the Klectecl Amdavit benous.
Charges Against Humphreys.
m? pLBLI"'; At Saturdays session or trie X irst Circuit Court.
Z Humphreys, replying to my affidavit alleging disqualification
ipfes, denied all material statements or tne amdavlt but two,
be had offerai me the editorship of his paper, the Republican
, J itS issuance) and that he had lately sent a message express-
art for me personally, and for the policy I had pursued in Hawaii,
be admitted he knew we had witnesses to prove: the things he
thought, could not be proved by witnesses. Further details.
i possession of my counsel at the time my afnaavit was pre-
re left out ot tnat document, s that motives could not be
will appear below.
BMtir.? Mr. Humphreys dentals, let me add to tne statements
itted attempts to get my services for the Republican. One
an offer of his personal check of $500 to leave the Advertiser;
,nf Ike intimation that the coming- newspaper, the Republican.
the appointment of Mr. Sewall as Governor, would receive all
printing at Its own price, thus making the paper a fixture
st the assurance of a permanent editorial relation. Mr. Hum
istld that, if municipal rule were established by Mr. Sewall's
Republican would get the lion's share of the spoils. Regarding
lU a. man who was trying to compromise me, I took the precau-
regular reports to Mr. Thurston and Mr. Pearson, president
rryotiv- ly, of the Hawaiian Gazette Company, of his
g.r The?- gentlemen and one or two others I could name, are
Let me add, in parenthesis, that I made no mistake
pkreys' treachery, having the fact now before me from an
the Robert Grieve Company that, while negotiating to get
- r with the promise of the editorship of the Republican,
fvs was writing to Mr. Gill to come and take that very post.
ire not yet told the whole story of solicitation. Mr. Humphreys
H I would join Mr. Sewall's party I could have the post of Secre-
i Territory, or at some later time become a delegate in Congress.
W to go with him to Waikiki and meet Mr. Sewall socially, and
Mai agreement there. In the course of these conversations Mr.
naturally opened out his own ambitions. He had come into Ha
ul with hardly a dollar, deceiving the custom house or immigra
te as to his ability to meet the $50 test by flashing a roll of Con
and already he was. in the way of rising to the highest posts
land well reward hi friends. Judicial preferment was a first tep
kmld yet enter the Federal Senate from the State of Hawaii. He
11 mar. who believed himself to be a Napoleon, whose destiny
I sr. the loftiest levels of public life.
f Judge Edings' appointment, which was coincident with
m judge of the Circuit Court, Mr. Humphreys called at my office"
1 am disgusted. A Judgeship given to this man Edings is of no
w 1 Seel like resigning my post and going elsewhere. Mr. Smith.
If you will agree to go to San Francisco with me ana
NtenuM paper we will shake up California politics from the bot-
I with tie pull I have there, I know I can get into the United States
I in forty." Touching the narrative here set down I challenge
B revs to deny any part of it under oath, even though he nas
ted falsehoods from the bench:
Mte of this court never at any time prior to his appointment to the
IWRvatf one word to Walter G. Smith about his political ambitions
iau, nor did the Judge of this court ever at any time enjoy any
wt relations of any sort with Walter G. Smith.
! social or intimate relations of any sort, let me say that I first
M&aphrtys at a social .function (Dr. Cooper's) one of the few my
-ver permitted me to attend: that I have been vainly urged
tath with him at the club; that I have been asked by him to
w where, before his appointment as Judge, most of his social
r had: and by the word of reputable people connected In
PH:'h the Advertiser, I can prove his attempts to get on a foot-
"Why," said Mr. Pomroy, foreman of the Gazette Co., to me
w man en hun about the office stairs waiting to see you.
r" v iv :.. be in." The persistency of Judge Hum-
fcwas noticed bv manv of mv staff and by the employes of the
Hnmeht of the paper. The Intimacy was plain or Humphreys'
m have been embarrassing to me had not my employers, at tne
the causes of it. Unsolicited and unwelcome as that intimacy
en went sr. far n Hnmnhrpvi' nart that, in a moment or
!Merce. sitting, as usual, in my own office, he said: "It is the
wn rauit that I am against them. I was reaay euu
1 to join fortunes with them, but they ignored me."
k Humphreys :
Bat of ts .w (orani. tn the brother of affiant. Fred.
U formerly clerk of this court, is true in only one instance. It Is
'tent, that Walter G. Smith approached the Judge oi
ere was a vacancy in the clerk s otnee or iius -""- r
m is, he requested that the position be given ion
-imr,s., t , .,nlr renresented to the Judge or tne
Pe brother of Walter Q. Smith was an expert stenographer and as
i-rk's office, the salary only being J75 a momu.
:!- t,,j i i j T.t rvniv spfurp a clerk but a ste-
that sum. and deeming it wise to do so, the Judge did offer tnat
-Smi1 - and Mr. Smith's brother came from New lor
P 811 the oosition. When he arrived here it was iouna ui
Ft! itenograpbe. And while possessing very many P'f"
K being a voung gentleman of excellent endwuw,
P - t : acting as stenographer in the most informal matters
a discussion with the Chief Justice oi
ociaip j,;s:!i-o of thio Territnrv it was agreed that the cmei
Ic i :rr I,, rpci thirty lavs' notice, and that was done.
f thi affiant thai ho ra removed summariiy and without cause
v..
, .... , , i nnH ic utterlv inconsist-
j. -i-...r'i :iq unconuitionai laiacjiu"".
th, and with the facts in the case.
: - faiselv from the bench, declared tnai i acu
Mraent nf k..i. .i.i..vu in .ia -oirt. stating that
ae an expert stenographer, and that he would worn. i
the Judge affirms that I, an editor who was con-
- . ano niQ Tn nv in v - irm mn or Liitr nu
checks and the like, was willing to compromise my
lK with this paper for a clerkship which my brother aw
laod in TL-tirx, K.fft he accented it. The judg-?
pltn?,- a vacancy in tne clerk s omce or. ni v-uu...
LT two Trr,T. ,v . . .. here from
n Tha ' wn'cn gave mv oroiner nine t e-
l jruth ahnn, fh. t, v,i , io oo follows:
months before the nominations for Judges of the Circuit Court
'hZiron- the Advertiser contained a local item i w
SeVTk,D Smilh- a Mother of Walter G. Smith, who J
Mu A nawa". to take a position in a VLJiv
f rabbits. Time wenrby. and Mr. Humphreys receiv
n nominated and confirmed for Judge, called at m
--w ... . ..u U IIU Willi 1.
L - r ur.nert:' in uo. ...i,.. n at i-omine nere.
heard r.f v. t v,o i recovering. J- es.
W .'"ung man referred t.-. not mv son. but my u'i";
Ule reys asked the age of my son. which waaeen.
T- . to r,ffer Mm .lrb.V.in In mv COUrX, BUI "c
incidentally, that the ob was worth 5100 per month with
IW- Mr. Humphrevs. and the subject lapsea.
pUkS,-- oat time on the bench, stopped me m
ot n ,brother would not accept the clerical position, which
07 or August. I told him I did not know but . wou.d
the course of the Advertiser. My brother having a comforable clerkship
at home, and independent means, declined. Humphreys persisted, and coming
to my office, late one evening from a dinner party, and being under the influ
ence of liquor, urged me to send a telegram by steamer the next day or two
nijmg mat, m my opinion, Frederick D. Smith ought to come at onre. Then
and there, in a voice which wm much too loud for strict privacy. Mr. Hum
phreys said: "You understand at this is a case of backscratching." My
reply was substantially as follow: "I told you before, that I could not use
mis paper to reward my friends or punish my enemies. If it's a matter of
"' kscratching we must call the whole thing off." Mr. Humphreys' reply
was: "Well, we'll waive that and I'll make the appointment, any way."
Seeing that the man had been drinking. I said: "You have been dining out
tonight. Tomorrow you mav feel differently: let it tro until then " The nevt
day Judge Humphreys telephoned me that everything he had said the night
ueiore nem good; to send for my brother at once I did so. explaining again
io rreaerick u. smith about the position Judge Humphreys offered. My
brother's return message to mv friendly ascent. Mr. James S Wallace of the
San Francisco Chronicle, was a declination. It was followed later by an
acceptance, and both messages reached me here at the same time. And yet
Judge Humphreys, sitting on the i.-neh. and lying openly, knowingly and
with naked intent no deceive, state that I asked a position for my brother,
ajleging that he was an expert stf nographer. who was willing to work for
$75 per month. Yet the matter of stenography had never been mentioned
until the second or third intervi-w. when I remarked, incidentally, that my
Drotnpr nad lately gramiated at the Albany Business College, and. knew
some stenography, how much I could not tell. "Well." said the judge, "if he
can take dictation I can get him extra work amounting to about $50 a
month. In due time the young man came, finding that his appointment was
merely temporary at $75. instead of $100 per month: finding to his surprise
that Judge Humphreys' own paper, bitterly assailed him as a "carpet-bagger"
and "lame duck;" finding that Judge Humphreys' colleagues had not.
as the judge requested me to write him concurred in the appointment, and
bein- well prepared, despite Judge Humphreys' assurance to me three days
before his dismissal, that the young man was "doing splendidly," for the
summary notice of dismissal, which came later. It is true that the notice
was given by Justice Frear, a man whom Judge Humphreys toid me had con
curred in the appointment, but who had evidently been deceived by Hum
phreys about the said appointment originally, and in regard to my brother's
exjerience in shorthand writing. To sum up. Judge Humphreys hoped, by
keeping Frederick D. Smith on the payroll, to induce Walter G. Smith to
modify the Advertiser's criticisms of him: and finding, as our files will show,
that such criticisms increased, rather than diminished, he secured the dis
charge of my brother as soon as possible. I admit that Judge Humphreys.
reeling an obligation for having induced my brother to come here, paid his
passage to San Francisco. Would he have done this if the appointment had
been made at my solicitation, under false pretences? N
The point where Judge Humphreys' innate propensity for falsehood comes
out in best relief is in the statement that a request for my brother's ap
pointment came from me. Yet, how unreasonable such a thirnr must sound.
I had refused Humphreys' proffered favors; at the very time I was sharply
challenging his political honesty and personal rectitude in the public prints.
Would I have gone to him. of all men, for patronage? In doing so would I
not 1 -ive exposed myself to a charge that. T had asked a favor and promised
editorial "backscratching"' in return? Why should I hav.- put my good
name in the hands of a man vvhpe crookedness and treachery I well knew,
or suspected, risking exposure arid rebuff? Th. idea is preposterous on the
face of it the more so because I had friends in office and in business who
might have been willing to serve me within the limits of their powers, and be
cause, as correspondence can prove, my broth-r did not want the court clerk
ship, and refused it twice. Surely. I would not have asked Judge Humphreys
to do my brother a favor without first asking whether said brother wanted
it done.
One word more under the head of causes:: Judge Humphreys says my
brother was dismissed because he was not a stenographer. Neither is his
successor a stenographer. If stenography was the ttst. why was it applied
to my brother, alone? Was it not applied to offend me, and to punish my
obtuseness in not se-ing good chances in the Advertiser to compliment Hum
phreys, as his own paper does revell ing in rhetoric about his "fearless
nature." his "pale, intellectual face." his ability and dignity and power, and
of the unwisdom of not letting him manage the daily affairs of tnis Territory?
It is no liht jthJJi for avflpux '"n word to b- assailed by a judge sit
ting on the rJench; but one may. after afr, consider the personal source.
Judicial honors may be worn, and have been worn, by men of the- lowest
character: and In a case where suclj men are accusers a defendant should
and could with confidence appeal to the righteous judgment of public opinion.
From that tribunal, already aroused by an insane abuse of power on the
part of an ermined scoundrel, I now ask vindication. Who is the man who
stands as my accuser? He has been, a law-breaker all his mature life.
Among the personal reminiscences in which he takes most delight are those
revealing him as a frontier bully trying to destroy human life. He is ac
cused by those who knew him in Arizona of be:ng an absconder, a pious
fraud, a robber of th widow and orphan. I know of no attempt on his
part to refute these charges in an Arizona court. He came to Honolulu by
a method which violated the law, and has made a common boast of It since.
A vulgar brawler in the streets, he attacked a witness, Mr. Davey. because
the latter had not given testimony to suit him, and was arrested and fined
$100 for assault and battery. Another curbstone quarrel of his own seeking
resulted in his being knocked down. Incidents known to the police, incidents
breaking a law Which he lately proclaimed from the bench as being one of
special and peculiar sanctity, reveal him as vicious and debased. He stands
accused of having paid bribes to legislators with unearned licenses to prac
tice law. and his only answer is a pettifogging plea that the accusation is
imperfect as to dates. The people of Hawaii know him as a corrupt politician
on the bench, who makes it his aim to pack Juries, intimidate counsel, to
assail reputations, and to bear false witness against men who are compelled
to go before him. seeking justice. He is known as the controlling owner of
a newspaper which libels men and women without stint. Off the bench, the
word of such a man would not be taken against 'he good name of any citi
zen. Will the court of public opinion decide that by the mere act of mount
ing the bench he becomes a man of truth and honor?
WALTER G. SMITH.
HUMPHREYS RUNS AMUCK
AGAINST LEADING LAWYERS
BAILIFF LEWIS OFFERS TO
PACK A JURY FOR SMITH
Sworn Statement of A. W. Pearson, Business
Manager of the Gazette
Company.
ON THE 23d INST. Bailiff Odcar Ijewls. of Judge Humphreys' court, propos
ed to the business manager of the Advertiser to pack the next petit jury,
which may try the Smith indictment, in the interests of the defendant,
if he would use his Influence in securing a saloon license for saiu Lewis
and get the tatter's parter, Turk, appointed waterfront policeman. The follow
ing affidavit sets forth the details of this Infamous proposition. They will serve
to show the uses to which Humphreys' Bailiff Act may be put:
I. Arthur W.' Pearson, of Honolulu, Territory of Hawaii, being duly sworn, do
depose and say: ..
That I am and since 1898 have been, the business manager of the Hawaiian
Gazette Company, Limited, the publisher of the Pacific Commercial Advertiser
neVThatirfenow Oscar Lewis, recently appointed by Judge A. S. Humphreys to be
bailiff of the First Circuit Court.
That on last Thursday, May the 23d. the said Oscar Lewis, accompanied by
Turk, his former partner in the business of shipping sailors, called on me at
mv office. , . , .
That "aid call was not by appointment nor requested by me or on my behalf.
That said Lewis thereupon said to me that he had some information to give
me "upon the dead quiet," and said:
That Tom Fitch had told hinf that the officials, meaning Secretary Coopor and
ex-Superintendent of Public Works McCandless, whose case was then pending
before Judge Humphreys upon the charge of contempt, would be discharged by
Humphreys next Tuesday on the grounds of hearsay evidence, but that said
Judge would "burn them up" in his decision.
That said Lewis then said to affiant in substance as follows:
In tne matter of Smith (meaning thereby Walter G. Smith, editor of said Ad
vertiser against whom a chance of perjury Is now pending in said Circuit Court)
he will not be tried this term, but his case will go over until next term. As bail
iff I will have the selecting of the jury- which will ait next term. If you will grve
me a list of the names of the men whom you want selected for that Jury I will
see that they are called.
If I do this for you I want you to use your tflfluence to get me a liquor sa
loon license to be located on Richards street below Queen street, which will have
to be opened for the purpose. T already have an option on the location. I also
want you to try and get my partner. Turk, appointed as waterfront policeman In
nlace of Flint, the man who now has that position.
ARTHUR W. PEARSON.
Subscribed and sworn to before me this 26th day of May. W0L
CHARLES F. PETERSON,
Notary Public. First Judicial Circuit, Territory of Hawaii.
Sentences Hartwell, Kinney and Ballou tofJail
for Thirty Days -Acting Gov. Cooper
Immediately Pardons Them.
THE LAY in the First Circuit Court which does not record a grandstand
play by the judge thereof, is counted a blank in its calendar. Ordinary
harrying and insulting language have given way to sensations, until
sensations have palled on the palate of the personification of vanity
who occupies the bench, and nothing short of explosions now suffice to round
out the dally program.
Last Saturday was no exception to the rule: in fact, it witnessed the
greatest explosion of the season, winding up with the sentence of A. S. Hart
well, W. A. Kinney and S. M. Ballou, three of the leading attorneys of the
country, to jail, for contempt of court, without right of appeal, and their
prompt pardon by the Acting Governor on the ground that the act of the
judge was a rank violation and abuse of official power. The following is a
general statement of how it came about, and what was done:
Walter G. Smith's case of alleged perjury was set for hearing at tl o'clock.
He appeared, with his counsel, A. S. Hartwell, W. A. Kinney and S. M.
Ballou. Mr. Kinney inquired if Judge Humphreys intended to try the case.
The judge asked why he asked the question. Mr. Kinney replied that if the
judge wTas not going to sit he would do nothing: but If there was no assur
ance that the judge would not sit, he should make a motion opposing his sit
ting. The judge declined to say whether he would sit or not, whereupon Mr.
Kinney presented a motion asking for a change of venue, on the ground of
prejudice and bias of the Judge against the defendant, Walter G. Smith,
supported by the affidavits of Walter G. Smith and J. H. Fisher. When
the affidavit had been partially read the judge ordered Mr. Kinney to stop
reading it, ordered the affidavit and motion stricken frwn the files, on the
ground that it was insulting to himself, and ordered the three attorneys to
appear at 2 o'clock and show cause why they should not be convicted of
contempt of court.
At the hour named they appeared, each made written return under oath,
that the motion and affidavits were filed by them in the full belief that the
judge was prejudiced against Mr. Smith to such an extent that it could not
give him an impartial trial; that if such were the case, he was entitled to be
tried before another judge; that this motion was the proper method of ac
complishing such result; that the motion must necessarily be accompanied
by affidavits, which must necessarily state the facts on which the motion
was based; that they believed that the protection of the rights of Mr. Smith,
their client, required the presentation of the motion and affidavits, and that
they had no other or ulterior object and intended no contempt.
The judge refused to accept the explanation, and stated that the affidavit
of Mr. Smith was false In all but two or three particulars. One of the
statements which he admitted to be true was that within three weeks past
he had sent to Mr. Smith the following personal message by a reporter of
the Advertiser, viz:
"I TAKE THIS OPPORTUNITY TO SEND WORD TO THE EDITOR
OF THE ADVERTISER THAT I HAVE THE MOST PROFOUND CON
TEMPT FOR HIM. AND FOR THE VICIOUS AND CRIMINAL POLICY
WHICH HE IS PURSUING IN THIS COMMUNITY."
He thereupon sentenced each of the three attorneys to jail for thirty
days. High Sheriff Brown immediately took the three attorneys to his
office, where they remained until the mittimuses were made out, at about 5:30.
Within half an hour Acting Governor Cooper issued a full pardon to each,
and they were released.
THE DETAILED PROCEEDINGS.
The following are the detailed proceedings of one of the most extraordi
nary days in the history of this or any other court.
Upon the opening of the court the following colloquy took plaee:
Mr. Kinney May it please the court, Judge Hartwell and our firm, Kin
ney, Ballou & McClanahan, appear for the defendant, and before the
arraignment I should like to ask in an informal way of the court, whether
the court Intends to try this case.
The Court Whether the court intends to try this case?
Mr. Kinney Your honor intends to try the case?
The Court Why do you make that inquiry?
Mr. Kinney Because, if the court asks, I would state that if the court
intends to had intended or does intend to try the case, that then I would
interpose a motion opposing it; but that I ,do not wish to interpose my mo
tion if as a matter of fact the court itself has made up Its mind not to try
the case; it would be unnecessary and would in my judgment be improper
for us to interpose the motion until there had been some intimation certain
ly that it was necessary.
The Court It is impossible for the court to say now whether it will try
this case or not. Tf, without avoiding any of its responsibilities this court
can assign this case to Judge Gear for trial, it will do so; otherwise, it will
hear the case.
You may make any motion which ou deem proper; if it is a proper m
tion it will be considered; if it Is an improper motion it will be treated as
such.
The Court Call Walter G. Smith t" the bar.
Do you desire to interpose a motion, Mr. Kinney?
Mr. Kinney Now I interpose a motion, which if it prevails, would pre
vent the arraignment of the prisoner before your honor.
The Court Read the motion.
THE MOTION.
IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT, FOR
THE TERRITORY OF HAWAII:
Territory of Hawaii vs. Walter G. Smith Perjury.
Suggestion of disqualification of Hon. A. S. Humphreys and motion to
assign case to some other Circuit Judge.
Now comes Walter G. Smith, defendant in the above entitled cause, by his
attorneys, A. S. Hartwell, and Kinney. Ballou & McClanahan, and suggests
the disqualification of Hon. A. S. Humphreys, first judge of the Circuit Court
of the First Circuit, In said cause, on account of bias and prejudice on the
part of said judge against this defendant;
Wherefore, defendant moves that said cause be assigned for trial to some
other presiding circuit Judge. This motion Is based upon the record and upon
the affidavits herewith and made part hereof.
(Signed): WALTER G. SMITH.
By his attorneys:
A. S. HARTWELL and
KINNEY, BALLOU & McCLANAHAN.
Honolulu, May 25, 1901.
THE AFFIDAVIT OF WALTER G. SMITH.
Following the reading of the motion, Mr. Kinney proceeded to read the
following affidavit by Walter G. Smith:
EXHIBIT 2.
AFFIDAVIT OF DEFENDANT IN SUPPORT OF SUGGESTION OF DIS
QUALIFICATION OF A. S. HUMPHREYS, JUDGE OF THE FIRST
CIRCUIT COURT, AFORESAID.
Territory of Hawaii, Island of Oahu, ss.
Walter G. Smith, the defendant dn the above entitled action, being duly
sworn, deposes and says:
That be knows A. S. Humphreys, first Judge of the Circuit Court of the
First Judicial Circuit, Territory of Hawaii, having first made his acquaint
ance during the month of November in the year A. D. 1899, at whieh time
affiant returned to the Territory of Hawaii, having been absent therefrom
since the year 1894, when affiant was managing editor of the Star, having
been managing editor of said paper when the same was organized and estab
lished, and continuing in the editorship of said paper until affiant's departure
from the Hawaiian Islands in May, A. D. 1894;
That at the time affiant made the acquaintance of the said judge, he, the
said Judge, was practicing his profession of law In the city of Honolulu;
That affiant, uoon his arrival here in the said year 1899, took charge of
f the Pacific Commercial Advertiser as editor, which position he has held ever
I since;
j That affiant and said Judge maintained friendly relations for some tlms
i that if he would, his acceptance bw