The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-30
HE PLEADS
NOT Gull TY
Davis and thompson
Are Assigned to De-
fend Miranda

| Jose Miranda, under instruction of
George A. Davis, one of his assigned
counsel. yesterday morning pleaded
mot guilty. to the indictment charg-
| ing him with the wilful murder of
Samuel E. Damon. The advice was
given through the interpreter in open
court Immediately after the appoint
rnent of counsel, and promptly follow
ed by the prisoner through the same
medium. Frank E. Thompson. the as
sociate counsel had only that moment
been notified by telephone Of his ap-
pointment and was not present.
| Immediately after the plea was en-
tered, Miranda was removed by the
! officers and returned to Oahu prison.
| Judge Gear at first asked Henry E.
Highton if he would undertake the
defense.
Mr.. Highton declined in the following
speech:
IF your Honor please: L am COM
/ PGi1cQ- QAO6l tie
stances reluctantly-to decline the APP
| pointment. 1 wish to say, however,
distinctly and emphatically, that my
| declination is not based on some of
the grounds that have been assigned
before this court I yield to no man
| in my appreciation of the great loss
| the community has sustained. But
| that is not the question here and now.
1 Nav+ tr xnd fo mil r
| indeed venerate, the constitution, the
laws, the institutions, the civilization,
of my country and would be asham-
( ed to believe that any man accused of
crime. however, poor or degraded. in
the United States, which includes Mas
sachusetts and Hawaii, could be de-
prived of a fair, just and complete
| trial before a court and a, jury. I
would defend no man, unless I could
make his defense thorough, and, pIac-
ed as I am just now, it would be inn
possible for me properly to represent
this defendant. For this reason,
must ask Your Honor to excuse me-
Judge Gear next asked for c. C..
Biting, but that attorney was outside
OF the bailiff's call, though he came
in a few minutes later and, answering
the courts question, stated that he
had been engaged in the Federal court.
George A. Davis was then asked to
take the case and accepted, saying:
This is not a case that 1 am
anxious to undertake; but I feel that
cur institutions are on trial in the
present instance. 1t is either case
of introducing the mob law of the
South in Hawaii or of vtndicatfng our
Judicial institutions here This man is
accused of a capital offence. He is eth
er guilty or innocent. If he is guilty of
this murder then he should suffer
death, but if he is innocent. then he
must so free, but whether guilty or
innocent the constitution of the United
States guarantees him a fair and il11-
partial trial no matter what his color,
creed or race may be. If your honor
should appoint me and also appoint
Frank E. Thompson in the case. will
do my best in the prisoners interests
quite irrespective of public opinion
Judge Gear named Mr. Thompson as
counsel with Mr.. Davis, saying it was
the duty of those appointed to defend
that man to do so to the very best of
their ability, without fear CT how they
might be regarded by public opinion.
God forbid that any accused man-no
IlldCIeI NOW low pOOI, OA Wl4dt race
or condition-should be deprived Of
constitutional guarantees. AS long as
he had anything to say, those guar
antees would be enforced in that court.
Mr.. Davis said he had read the in
dictment and it seemed to be correct
in form. The plea of the defendant
was then taken as stated.
Judge Gear set the trial for Monday
Y1avt ut IN oS0IoqL
AS the prisoner was taken away a
large crowd dissolved through the pub
lie doorway, at which Judge Gear re-
marked, II thought they were jurors"
About an hour after the removal of
Miranda from the courtroom, Frank
E. Thompson in some excitement en-
tered, interrupting the proceedings in
the Hayashida murder case Obtain
ing the attention of the court, Mr..
Thompson said he wished to be re-
lieved from the duty of defending Mir
anda.
81 believe the man is guilty" he said
enlphatically
Mr.. Prosser objected to such state
ment before jurors who might be call
ed in the case. but all he got in reply
was, .I am addressing the court, Mr.
Prosser''
Mr.. Thompson went on to say that
he had been out of practice for some
time recently and thought this request
ed task should not be imposed on him.
Not only did he believe the accused
guilty, as he repeated, but he was a
friend of the murdered man.
Judge Gear declined to, rescind the
appointment and Mr.. Thompson, as he
turned to leave the room, exclaimed
with an air of fortitude,
II will be ready