The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-10-21
JAPAN IS
WATCHING
Consul Interested
In the Tanbara
Case.

NOSEs
Tanbara Gusaboro entered plea Of
hot guilty TO charge OF the murder
III Captain Jacobsen, in the United
States court yesterday afternoon and
hi trial was set down for Tuesday
morning. The plea was made after
Denial of the motion OF f. Il. Thomp-
bon, attorney for the defendant, to
tuash the indictment.
/ The japanese Vice Consul was in
tourt 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
timply to see that the japanese subject
gets a fair and impartial hearing.
| Tanbaro was minus his long and un-
Exempt looks when brought into the
Eourt room during the afternoon and
bis closely cropped, elongated, and
peculiar shaped head, entirely changed
the boys appearance.
| When Tanbaro was asked to plead
In the morning his attorney, f. Il.
Thompson, presented motion to quash
the indictment in which the principal
Allegations were:
n Heretofore, to wit, on or about the
TN day of August. a. ID. 1902, said de-
bndant was by f. c. Handy. Deputy
tnited states Marshal OF the Territory
II Hawaii, arrested and taken into
austody, and ever since said 9th day of
August, a. D. 1902, he has been, and
how is under the care and in the GUS
bIdy of the Uniteu States Marshal of
the Territory of Hawaii, and ever since
said last mentioned day, he has been,
and now is, confined in the Oahu pris-
on. island Cf oahu. Territory of Ha-
wall, and a, all times since said last
ment oned day has been, and now is.
deprived of MS liberty.
! That he 5 Il citizen of the Empire
of japan.
, THAT he Fan 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, ne was not informed of his right
to be represented by and have the ad-
! vice of counsel al the empanelling of
the grand jury of the United States, to
which, on the 9th day of August, \. 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 empanelliug OF
said grand jury he was in care of and
under the custody of the United states
1 Marshal for the Territory of Hawaii
| and was wholly unrepresented by coun'
sci.
! THAT the proceedings had at the
4 cmpanelling of said grand jury were
!, conducted in the English language
i that by reason of his utter unfamiliar
/ ity with said, language he did moi
\ 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 empanelled.'
The matter was argued at consider
!. able length a 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 that
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
mcnt of counsel to defend until after
an indictment by grand jury. judge
Estee stated further that he could no
lcgislate and as the law making body
had not provided for such matters h
could not act.
The indictment was then read to tht
defendant and he said through the in
terpreter that he understood it anC
/, pleaded mot guilty"
/ The trial of the case was set fo
/, Tuesday morning the law requiring tina
1 the defendant be given two days notice
Of the indictment, list of witnesses ant
Of jurors The failure of one of tn
jurymon, NJ. w. Wilkinson. to RESPOND
was the cause Of the case going owe
until Tuesday. No notice of this bein,
ION the panel could be given to the alleg
ed murderer until a return had beef
made and Attorney Thompson resisted
The motion TO strike his name from tn
list Finally Judge Estee ordered tn
marshal TO bring in the reralcitrant jur
or dead or alive, drunk or sober" AM
Wilkinson was finally brought int
. court. There he said he had not know
. NJ the order and a fine Of S3.2S was i'm
posed by the court.
Andromeda Using Much Paint.