The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-10-18
JAPAN IS
WATCHING
Consul interested
In the Tanbara
Case.
ACCUSED PLEADS
NOT GUILTY
Judge Estee OverruIes Motion to
Quash lndictment-Jap Has
His Hair Cut.

not guilty. 10 d cHdfSe Ol tHs Hiul dSA
of Captain Jacobsen, In the United
States court yesterday afternoon and
his trial was set down for Tuesday
| morning. The plea was made after
denial of the motion of F. E. Thomp-
son. attorney fov the defendant, to
quash the indictment.
The japanese Vice Consul was in
court yesterday during the proceedings
! in the murder case and is watching the
matter carefully. So far the Japanese
government has not interested itself
sufficiently to engage counsel, and its
representatives are present in court
simply to see that the Japanese subject
gets a fair and impartial hearing.
Tanbaro was minus his long and I'M
kempt looks when brought into the
court room during the afternoon and
his closely cropped, elongated. and
peculiar shaped head, entirely changed
the boys appearance.
When Tanbaro was asked to. plead
in the morning his attorney, F. E.
Thompson, presented a motion to quash
the Indictment in which the principal
allegations were:
Heretofore, to wit, on or about the
9Th day of August, A. D. 1902 said de-
PENDANT was by F. c. Handy, Deputy
| United States Marshal of the Territory
of Hawaii, arrested and taken into
custody, and ever since said 9Th day of
! August, A. D. 1902, he has been, and
now is, under the care and in the Gus
! tody of the United States Marshal of
said last mentioned day, he has been,
and now is, confined in the Oahu pris-
on, Island of Oahu Territory of Ha-
waii, and at all times since said last
deprived of his liberty.
That he is a citizen of the Empire
of Japan
THAT he can neither read, write nor
understand the English language, and
is unfamiliar with the customs and
legal proceedings of courts of the
United States of America.
THAT while in said custody as afore-
said, he was not informed of his right
to be represented by and have the adj
vice of counsel at the empanelling of
the grand jury of the United States, to
which, on the 9th day of August, A. d.
1902, he was by Edwin S. Gill, United
States Commissioner for the Territory
of Hawaii. bound over, without bail TO
appear before, to wit, the grand jury
of the District Court of the United
States for the Territory of Hawaii
THAT at the time of empanelling of
said grand jury he was in care of and
under the custody of the United States
Marshal for the Territory of Hawaii
and was wholly unrepresented by coun-
sell
THAT the proceedings had at the
empanelling of said grand jury were
conducted in the English language;
that by reason of his utter unfamiliar
ity with said language he did not
know, ard was not, until after he had
been arraigned under the indictment
against him found by said grand jury
informed of what had transpired at the
time said grand jury was enpanelled.'
The matter was argued at consider
able length, continuance being grant
ed until one O'Clock in order to, allow
complete presentation of the motion
United States Attorney Breckons start
ed to reply but Judge Estee stated thai
no argument was necessary and over
ruled the motion. The judge stated
that the court was one of origina
jurisdiction, that the question involved
had not been passed upon; but there
was no law providing for the appoint
ment of counsel to defend until afte
an indictment by grand jury. Judg
Estee stated further that he could no
legislate and as the law making bod.
had not provided for such matters n
could not act.
The indictment was then read to tn
defendant and he said through the in
terpreter that he understood it an
pleaded mot guilty"
! The trial of the case was set TO
Tuesday morning the law requiring tina
the defendant be given two days motto
of the indictment, list of witnesses an
of jurors. The failure of one of tn
| jurymen, NJ. W. wilkinson to respon
was the cause of the case going owe
! until Tuesday. No notice of this bein