The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-07
THE JAPS' CONSPIRACY
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Adachi, and for the purpose of securing
speedy trial admits that the sald Aua-
Chi, if produced and compelled to testi-
fy in said cause, would testify assthe
District Attorney in his affidavit herein
states that he would, ana consents that
said affidavit of the District Attorney
may be read to the Jury as the testi-
mony of said Adachi, not however ad-
uniting that said statements are true,
but, on the contrary, claiming that they
are based upon lies which the said
Adachi told to the District Attorney.
The said defendant, Francis NJ.
Brooks, upon the foregoing waiver ad-
mission and consent, and upon his af-
hdaVit hereto annexed, and by refer
ence made a part hereof demands his
constitutional right to a speedy trial.
and moves this Honorable Court for a
trial forthwith, upon this, the 7th day
of December, 1903, the same being the
day set for said trial.
FRANCIS NJ. BROOI.S,
By his Attorneys,
George E. Davis, E. p Dole and A.
r. Cunha.
Dated this 9TH day of Dec, 1903"
The defendants affidavit sets forth
against him and that he is willing to
admit that Adachi will testify to all
that the district attorney claims, also
to waive his right to have Adachi pre-
sent and cross-eXamiTe. 1t was gem
orally agreed that this right of waiver
exists and that point was disposed or
without argument. Brooks swears that
Adachi is to be brought back on a
warrant for perjury and is therefore
not a witness who should be waited for,
that if brought back to be tried for
perjury Adachi cannot be used or de-
tanned for any other purpose, under
the eXtraditlon treaty with Japan, and
that the uncorroborated testimony of
Adachi, an alleged accomplice, could
not sustain a conviction, Brooks denies
that he was in any way instrumental in
causing Adachi to leave the islands and
says that if the United States had
wanted Adachi he could have been Sc
cured before he left. Another state
ment in the affidavit isl that in the be-
lief of the affiant the perjury charge is
so loosely and effectively made" and
the eXtradition papers are so defective
ly drawn, that the Government of the
United States will not issue papers for
Adachi's eXtraditiOn. The affidavit and
motion were read to Judge Dole by E.
p. Dole and the motion was argued by
Dole and George Davis for the Defend
ant and Breckons for the United States.
Breckons' affidavit on the motion for
postponement contained the follow
ing:
"Afiant further deposes and says
that he has reliable information that
at the present time the said Saburo
Adachi is in the Empire of Japan; that
I, . 4
the said Saburo Adachi will return to
the district of Hawaii from the Empire
of Japan sometime during the latter
part OF January or the first week in
February A. ID. 1904, and that the evil
dence of the said Saburo Adachi can
be secured for the April, A. d. 1904 term
of this Court.
And said affiant further deposes and
says that the said Saburo Adachi is a
material witness on behalf of the Unit
ed States of America in this cause;
that if called as a witness in said cause
against said Francis NJ. Brooks, said
Saburo Adachi will testify that i'm the
month of June, A, ID. 1903, the defend
ants named i'm said Indictment with the
exception of said +. NJ. Brooks did en-
ter into an agreement with the said f.
NJ. Brooks under and by virtue of the
terms of which the said defendant did
agree to and with the remainder of said
defendants, that they the remainder of
said defendants might carry on and
conduct, within Honolulu, Island of
Oahu, in said District, houses Of pros
tltution, without molestation from any
persons whomsoever that said Saburo
Adachi if called as a witness, will fur
ther testify that the said Francis NJ.
Brooks at the time aforesaid, did fur
Their agree to and with the remainder