The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-04-09
WAS NOT GUILTY
w. ]. Gallagher Objects
to Press Reports.
Reporters Used Their Imagination.
Will RiView the Case When
Strong Enough.

MIR. EDITOR regret 70 again
have 10 trouble you in reference to the
court proceedings against myself and
Mr.. Shimizu. Up to this date, beyond
asking the press and public 10 reserve
judgment while the case was before
the courts, | have taken no notice of
the unfair and, in most cases, grossly
untruthful press reports of the various
phases of the trouble, feeling satisfied
as / did. that / would be fully vindi-
Gated in due time, in which event l
could make any explanations necessary
in the premises. On this occasion,
however. | only wish to correct some
OF the misleading reports of the trial
in Judge De La Vergne's court, and
which terminated today. Later on,
when my health and business engage
ments will permit, it is my intention
to publish the history of the case from
the outset, which will enable me TO in
troduce matter concerning my personal
connection with the importation of
Japanese laborers which will satisfy
the public that | did not as charged
by an afternoon paper. play the part
of a renegade white man"
In reference to the Police Court
trial. permit me to deal with the fol-
lowing newspaper reports: The Star
of last evening said: When the Gov
eminent rested it's case b. Shimizu
was placed on the stand, and he gave
testimony on a conversation of Gov
eminent officials, who endeavored to
compromise the case. Mr. Magoon de-
sired that his testimony be stricken
out, whereupon a rather lengthy dis
cussion followed between the attorneys.
The Judge will make a ruling on this
matter this afternoon.
''The entire defense of both Gallag-
her and ShimiZu will probably be that
the Japanese brought to these shores
by them on the Shinshiu Maru had a
legal right to land, despite the decis-
ion of the Collector General of Gus
toms and Supreme Court on the mat
ter. The case will likely be submitted
to the Judge late this afternoon"
1t is sufficient TO say that there is
not a single line of truth in the fore
going quotation.
The Bulletin reporter referred to
the case as follows:
"FOr the defense Gallagher testified
in his own behalf and introduced a
copy of letter written by him to the
Minister of Foreign Affairs, together
with one of the contracts on which the
came. 1t was claimed by
counsel for the defense that these con-
tracts were not such as those pro-
vided for in the Alien Act. and conse-
quently there was no violation of the
statute. Judge Magoon. on the other
hand. claimed that the wording of the
contract made no difference"
The above statement. like that of the
Star. is directly contrary 10 the facts
of the case.
Coming to the reports contained in
today's papers. while that of your own
is not entirely satisfactory. I consider
it only necessary to take exception to
one point viz:
''The defense admits that the rejec-
ton was by proper authority and Of
fetal"
This refers TO the rejection and re-
turn to Japan of the passengers
brought here by the Shinshiu Maru.
I did not understand Mr.. Kinney to
admit the right or validity of the ac-
ton of the Customs officials. as you
would infer.
Inc bulletin tonight says MOI
guilty and ordered them discharged
from custody" presuming that Judge
De La Vergne had at some previous
time said: "Jailer, take them to thy
custody" But the Judge did not. He
simply sent us a polite request to APP
pear before him at a certain time,
when. apparently. our society pleased
him so much that he invited us back
on several occasions. but in no case
did His Honor evince a desire TO re-
strain us of our,liberty.
Not satisfied with its efforts on pre-
vious occasions. the Star again tonight
SAYS:
Gallagher and Shimizu were ar
rested during the recent Japanese trou-
BILE. charged with unlawfully import
ng into the country the Japanese i'm
migrants brought here on the Shin
shiu Maru.
The Court. after making full eX-
animation into the case. found that
and Shimizu. as agents of
he Kobe immigration Company, had
brought the Japanese TO Hawaii on a
contract binding their company to Sc
.ure them work. 1t was not obligatory
IN the part of the Japs TO work I'M
less they wished TO.
Judge De La Nergne says that the !
statutes OF the Hawaiian Islands pro-
ride against persons importing certain |
contract labOrers into the country who /
night be aliens or not desirable. There I
vas no crime on the part of the Kobe |
agents"
Again, I repeat that. as is we'll |
,nown 10 most people. the officers of
he law were good enough to not put
IS under arrest.
Our case. briefly stated. resulted as
ollows:
On Tuesday morning last. the Gov
rnment. represented by Mr.. MagOon
ne Of Honolulu's ablest and most
fitted lawyers. opened proceedings by