Hawaii Holomua, Volume I, Number 3, 20 September 1893 — An Apparent Injustice. [ARTICLE]

An Apparent Injustice.

There was a e»se before tbe District Judge this moming where we think that the Jndge did not show the goo<l and sonnd jndgment whieh so far has characterised his inctimbenc>. A somewhut d.»rk complexioned gentlemun answering to the uneommon name of «laek from the New Hebrides, was brought before his honor to answer a charge of havīng used profane ami vulgar language. The New Hebridian gentleman pleaded that he, upon the occasion mentioned, had looked upon the wine when it waa red. and that he. in fact. did not know wbnt be had been saving or doing. The »lefen»lant appeared without a lawyer while tbe virtuous people who had shocked by the profane New Hebridūm language prosecuted the poor devil through their learned attorney, tne irrepressible Magoon (J. Alfred). A w;tne.s was cal!ed on the stand who gave evidence in tbe binglish

« langnage ,<gainst the Folyoesian. and tben left tbe stand. wherenpon the icterprt ter gave i Hr. Jack a resnrue of the tcsti- ■ inc*nv against lum an>l a>kod | hiia if he wished to cross-ex-I amine (Ye Gods aml l:ttle li-a-es!) Mr. M«goon’s witness,— Jack feeling his inferiority in i iu matters of law even to Magoou j (J. Alfred) refosed to get into legal argnments, and prescnted no further ilefer.se than tLut he had beeudniuk. whereupon ho was promptlv fined ?10 and I costs, whioh meaus, that Jack , will go to ja.il for about 'i » days i for having *‘damned in his } vernacnlar. —M hat we are kieking at is the smonnt of the fine imposed npun J.ick. lo ibe drnnk is not an offense per . ! aud canuot be beld so anywlu're :in the civilized world. ihe : punishment prescribed by the I law for drnnkenness. was nevor | intended otherwise than to protect tho eommunih from the I nuisance and annoyance, whieh a j mau drunk in a puhlio plaoe is apt to become. Jndge Ko«>ortson ! fines ordinary drunks generaiiy from §3 to $5, and we cannot see whv sn exception ahonhl be made in this caso, and the semiJor wholly barbarian Jrtc< iined $18. lf the Deputy Marehal h.id prosecuted, we are inclined to believe tbat he wonkl have beeu satisfied with having the cutpr;t reprimauded, or given a nominal or small fine, and it should make no ditierence to the court in deciding the ponishment of the guilties whieh they are especially prosecutedby somehightoued leained lawyer —say as M«goon, (J. Alfred) or not.