The Hawaiian gazette., 1903-12-08
FIGHT UPON
LAW POINTS


ecution for continuance of the case
OF f. NJ. 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-
for crime. His chief reliance was a
United States case where a man was
extradited from England under accu-
satfon Of murder on the high seas, but
when brought back to Massachusetts,
was indicted for maltreating a sailor
who died partly from the effects Of
such i'll usage. 1t was held by the
Federal Supreme Court that the pro-
ceedings were a fraud upon the gov
eminent Of 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
extradited for that particular offense.
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. X. Cunha for the de-
ga, 10 90 Mt
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 featuring 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:
'One at time, If you please, Mr..
Davis"
X. 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
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 a 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
L
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
We're 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
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
Attorneys affidavit be read to the
jury, not however, admitting Its
truth. Upon his waiver and affidavit,
he demanded his constitutional right
to n 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 n charge of perjury and therefore,
under the extraditon treaty with ia !
pan, could not legally be used as wit /
ness against this defendant. Further, !
he claims that Adachrs 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
the case, but was not GER
tain about the status of the witness
when he arrives. 1t was upon this
feature of the case that his decision
was reserved.