The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-09-15

feet 10 take exception just as the High
Sheriff was about to touch on subjects
more nearly connected with the events
of the day of the shooting
Before we proceed any further
said Kinney. I'VE would like to know
the position in which the witness is
placed as far as the government is con-
cerned. If he is under arrest or if he
is likely to be arrested. Whether he
has been promised immunity from
prosecution in case his testimony is
satisfactory to the government or
whether he comes onto the stand prac-
tically in irons To testify very possibly
against himself? Is there any good
reason for this man being Nree while
Captain Spencer has a charge OF. muir
der in the first degree hanging over his
head? | ask for information, want to
be, enlightened on this subject. Is it
fair. | say. to put this man Spilner on
the stand as a witness against Spencer
when the testimony he may give may
prove Spinner himself guilty of muir
der? IL is not fair to the witness. The
Japanese who have already testified
have sworn that SpIner fired with the
rest Of the white men. Spinner testl-
Imony may hang him"
high Sheriff Brown. rising. said that
this was but a trick to brighten the
witness and keep him from testifyine
that the witness had not been prom
ised anything by the government.
This did not satisfy Kinney who
wanted to know the reason of allowing
Spinner to be free while Spencer was
held without bail on a charge of nur-
4. CT a
torney. "is just as liable for the death
Of the two japanese on L.aysan Island
as is Captain Spencer. with the ex-
Iception. POSSIBLY. that Captain Spencer.
as manager OF the Island, had more to
say"
Attorney General Dole answered to
the effect that the government was not
in any way Interested in the case be-
yond having justice done, and that no
reason was known for having Spinner
arrested. That he had been promised
nothing and that If there was cause
for his arrest he would be arrested.
He said that the prosecution expected
to prove that Spinner was in no way
responsible for the death of the Jap
anese as he fired the shots from his re-
volver in the air.
SPILNER'S STORY.
Direct examination was resumed af-
ter Kinney's exception had been filed.
| Spilners story. as brought out by the
questions of High Sheriff Brown, was,
in brief, as follows:
on Saturday, August II, the day of
the shooting, the japanese laborers
started to work at o'clock in the
morning. Some went to the guano
house while the nine men, who were to
work afloat, sat around on the wharf.
Captain Spencer came down to the
wharf about fifteen minutes later and
asked why the men were not at work.
The men wanted some arrangements
made whereby they would receive extra
pay for working afloat; they already
got extra pay for this but wanted still
more Captain Spencer's son told the
men that If they were not going to
work they had better go home; so they
| all went home. This is according to
ISpilner's testimony. Spinner then went
to the carpenters shop and had talk
with him, then he went to Captain
lSpencer's house. Spencer asked Spill
ner why the men had struck and Spill
ner told him that his son had sent
them all home.
Spinner went back to the carpenter
shop and staid there an hour or 50, after
which he went to his own room.
TEsTIFIEs TO THREATS.
While in his room, so Spinner testified
lTanaka, the luna, went to him and tolc
him that trouble was coming. "All ths
japanese are coming tonight TO breal
Captain Spencer's house and make hin
lsore," said Tanaka. Nobody was work
ing on that day except Spinner.
lie worked a couple of hours with til.
sailors of the Ceylon on a lighter il
the morning. Spinner then remembered
that Tanaka worked a little, too.
After TanaEa had warned Spinner o
the threats of the japanese, Spine
went 20 Spencer's house and told tn
Icaptain what Tanaka had said abou
the Japanese going to break his hous
land make Him sore" Let them come,
said Spencer. Then Spinner went to tn
engineers house and had a talk witt
him, and they both went back TO Cap
tain Spencer's house. where they re
lmained the rest of the day. Captain
Willer of the bark Ceylon had com
ashore and LETT two revolvers wit
captain Spencer. The engineer took on
81 these and Spencer's son took tn
other
| spinner toiG now. earser IN the dag
Spencer had gone to Tanaka's hous
and ordered ten or fifteen other Japan
lese out Of it, saying: Don't you inter
lfere with the luna"
SAYS HE SHOT IN THE AIR.
According to Spilner's testimony tn
japanese, while all the white men wer
at Spencer's house. went to the plat
form In the evening about O'Clock, Il
a body. The white men walked to III
platform from Spencer's house. Tanak
went from his room onto the platform
Spencer said that four japanese coul
come on the platform to talk over mat
tiers, but that he would not let anybod
else come. Tanaka interpreted IN
wishes of the japanese concerning ric
TO Captain Spencer. -Four japanese ha
come up on the platform. They talke
first about rice and then asked for tw
and one-half days extra pay. This tn
captain at first refused and the
agreed TO. After Spencer had agree
TO two and one-half days extra day tn
men demanded three days extra pay
This the captain refused.
Then" testified Spinner. II heard
shot; then second shot, and then Can
tain Spencer said, Shoot. Then W
four shot"
Did you shoots" asked the Hig