The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-08
FIGHT upon
LAW POINTS
Brooks Demands Speedy
Trial and Protests
Innocence.

Argument on the motion of the pros
ecution for a continuance of the case
of F. M. Brooks, indicted for con-
spiracy against certain Federal laws.
occupied most of yesterday forenoon in
the United States District Court.
Judge Dole reserved his ruling until
| this morning.
E. P. Dole for the defendant con-
| tended long and strenuously that Ada
chi. detained for extradition at Yoko-
| hama on a charge of perjury, could not
/ be used as witness against this de-
| PENDANT if extradited to this country
| for crime. His chief reliance was a
| United States case where a man was
| extradited from England under accu-
| sation of murder on the high seas, but
when brought back to Massachusetts,
was indicted for maltreating a sailord
who died partly from the effects of
| such i'll usage. It was held by the
Federal Supreme Court that the pro-
| ceedings were fraud upon the gov
| eminent of a friendly nation, and that
before the man could be legally indict-
ed for the lesser offense he should be
| allowed to return to England and be
l.extradited for that particular offense.
4 Judge Dole, in the course of the hear
ing, remarked that the United States
Government had rights in the matter
| which should be considered.
| George A. Davis, who also appeared
| together with A. r. Cunha for the de-
PENDANT, attacked the affidavit of Dis
trict Attorney Breckons in support of
the motion. He anticipated his turn,
while Mr.. Dole was arguing, by ad
dressing the District Attorney direct in
a Iecturing tone without rising. Mr.
Breckons did not reply and the court
only regarded the interruption with
an amused smile, but Mr.. Dole himself
checked the irregular eloquence of his
associate with the remark:
! Zone at time, if you please, Mr..
i Davis
I r. w. Breckons, the District Attor-
! ney, in his affidavit set forth that
Saburo Adachi was in the Empire of
Japan and that deponent had reliable
4 information that he would return to
the District of Hawaii in the latter
part of January or the first part of
February, 1904 Further, that Adachi
was material witness ON behalf of
the United States in that cause, and
would testify that in June last the
other defendants named in the indict-
ment entered into an agreement with
Brooks, to the effect that they might
conduct certain unlawful establish
ments without molestation, Brooks
agreeing with the others that he would
i pay all fines which might be inflicted
by any of the courts of the Territory
of Hawaii on any persons arrested for
the commission of crimes pertaining
| to such places. 1t is further stated
that Adachi was the only person be-
sides this defendant present at the
conference who could speak English,
and upon information and belief, that
Adachi left the District of Hawaii at
the instigation of Brooks who was
now doing everything in his power to
prevent the return of Adachi.
| A waiver of right and an affidavit
were filed by Brooks in behalf of an
immediate trial. In the former doc
| ument he said he waived his constitu-
tional right to be confronted by the
alleged witness, Adachi, and to cross
examine him, and for the purpose of a
speedy trial would admit that Adachi
would testify to all the District At
torney deposed he would, also the de-
PENDANT would consent that the District
4 Attorneys affidavit be read to the
jury not, however, admitting its
truth. Upon his waiver and affidavit,
he demanded his constitutional right
to a speedy trial.
The defendant in his affidavit de-
clares his innocence of the charge up
: on which he is indicted. He sets forth
| that Adachi was to be brought back
on charge of perjury and therefore,
under the extradition treaty with ia
pan, could not legally be used as a wit
| ness against this defendant. Further,
he claims that Adachis evidence, as
that of an accomplice, could not be
used to convict him. Another point
raised in the affidavit is that the per-
jury charge against Adachi is so loose
ly and effectively made, and the eX-
tradition papers so effectively drawn,
that the United States Government
will not issue the extradition papers.
Judge Dole was satisfied with the
reasons given by the District Attor-
ney, under ordinary circumstances, for
continuing the case, but was not GER
tain about the status of the witness
when he arrives. It was upon this
feature of the case that his decision
! was reserved.
OTHER MATTERS.
Owing to the argument in the con-
spiracy case, the trial jurors were ex-
cused until this morning.
Solomon Meheula, for destroying
public documents, and j. H. Hakuole,
embezzlement of public money, were
given further time to plead to their