The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-12-18
HIS REMARKS YESTERDAY sTIRS
TEMPEST.
judge Hearing Japanese Case and
Attorneys for Defendants Get After
the Preacher.

w. X. Azbill told lurid story of GER
tain Japanese now in jail without a
fair trial. The men referred to are
three Of ten convicted for the noted
assault of May 80 last in Kona, Hawaii.
Azbill stated that the three men were
not present at the time of the assault
and only one of them was even near
the place. The following is the most
startling part of the statement:
Another lawyer, who was a member
of the Republican committee of that
district, was hired on the spur of the
moment. A political meeting was on
at the time and the lawyer desired to
attend, Proceedings were rushed along
as fast as possible. But three men
received a trial, and those trials more
resembled one of the old-time cascades
of the Republic. At this point the pre-
siding judge, whose name l was unable
to find out, stopped the proceedings
and sentenced all accused. The rest
of the men were not even allowed to
plead guilty, and We're convicted with
out even the semblance of a trial"
Mr.. Azbill evidently did not go far
out of his way to ascertain the facts
of the case. To begin at the begin
ming, eleven Japanese were arrested on
the night of May 30 for assaulting Okla
wa Yoakchiro at Holualoa, North
Kona. The victim of the affair had
both legs broken, the left arm broken
one rib fractured, nose almost beaten
off and number of welts over almost
every part of his body. \
Attorney G.. f. Maydwell, of Kona
was retained by the Japanese to de-
fend the accused men in the district
court. Mr.. Maydwell is in the city and
had the following to say this morning:
THE case against my clients was bad
one. They were convicted by the dis
trict magistrate, and believe the con-
VictiOn was proper. l am convinced
that they were guilty. Other matters
prevented my taking the case further,
and L felt relieved when l got out of
it,"
Judge w. S. Edings, of the Circuit
Court, who heard the case and SEN
fenced the men, is also in town and
this morning said: "Azbill does not
know what he is talking about. The
case was thoroughly looked into by the
grand jury and a true bill returned by
it to me against eleven men. The trial
lasted about two days. sentence being
pronounced on October 8. Mr.. Cath
cart prosecuted the case for the Ter
ritory and George A. Davis strongly
and faithfully defended the men. All
the men were tried together, as the
case and evidence were identical. To
my mind every particle of evidence
that could be educed was brought out
for the defense as well as for the pro-
secution.
THE trial Jury returned a unanimous
verdict of guilty as to ten men and a
verdict of not guilty as to one. The
sentences imposed varied from ten to
twenty-five months, the court making
allowances for certain men with fami-
lies dependent upon them for support.
] have never felt that the sentences
were severe. AS for the charge that
the men or any one of them were not
given a proper day in court, 1t is mere
bosh.
Mr.. Davis continued with the case
until his clients were sentenced and an
appeal had been noted. He then turned
it over to Robertson & Wilder. The law
allows ten days in which to perfect
appeal, which would give to October IS.
A few days prior to that time, how
ever, Mr.. Cathcart on the one hand
and Robertson & Wilder on the other
signed a stipulation that appellants
counsel be allowed thirty additional
days in which to perfect the appeal
This was satisfactory, and the men
then had to November IS.
Robertson & Wilder did not perfect
the appeal, for reasons they themselves
can best explain. 1 have heard, how
ever, that after looking into the mat
ter they concluded that it was useless
to carry the case further"
George A. Davis, who defended the
Japanese at the Kohala term, seemed
to get quite angry when shown the
statements of Rev. w. K. AZbill anC
was not cautious in his criticism OF
the gentleman's words and attitude. 81
! defended those japanese with all the
! power that is in me, Not only did
| fight every step of the case but brought
! to bear all the technicalities l could
summon. This is the second criminal
/ 1 1Te. h. IIsvu ffr.V, TggI
ands. That, l think, is good record
Brother Azbill's record as a saver OF
| souls may be better but / doubt II.
1.-The evidence brought forward by
| the prosecution was as strong as
/ ever saw in any case. Though l as
| sailed it with vigor at ever possible
point 1 could not shake it. For q
whole hour and half l tried to break
| the positive Identification of the guilty
men but could not. Every single mar
was positively identified and in such g
| convincing manner that no sane mar
| could doubt that they were the mer
and that they were guilty. AS theil
| attorney 1 now say that believe they
everyone of them-are guilty of the
crime for which they were sentenced
Il will go further and say that
think both jury and judge were eX'
| ceedingly lenient with them. They
were charged with assault with inten
to commit murder, for which they may
have been imprisoned for five years
The jury modified this to assault will
n dangerous weapon, which carries
Imprisonment up TO two years. In fix
ing the sentence as he did Judge Ed
ngs was very lenient indeed, / tolC
the Japanese that 1 could get them {
new trial, but advised them agains
1t for l believed then and believe nov
that if another trial was had the ac
cused men would have been foun'
guilty of the original charge and beel
much more severely dealt with.
when Rev, Mr.. Azbll says tina
only three men We're tried he simpl.
lies. They We're all given a fair an
impartial trial, and the men should b
thankful that their fate has been n
worse. a.
after conviction and sentence
went so far as get additional time O
thirty days to enable the Japanese I
more conveniently perfect their appea
Continued on page fve)