The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-09-30
HE PLEADS
NOT GUILTY
Davis and Thompson
Are Assigned to De-
fend Miranda.

Jose Miranda, under instruction VI
George \. Davis. one of his assigned
counsel. yesterday morning pleaded
mot guilty to the indictment charg
ing him with the wllful murder ~
Samuel n. Damon. The advice was
given through the interpreter In open
court Immediately after the appoint
ment OF counsel and promptly follow
ed by the prisoner through the same
medium. Frank Il. Thompson. the az
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 r..
Highton II he would undertake the
defense
Mr.. Highton declined In the following
speech
IF your Honor please: 1 am com
pelled-perhaps under the circum..
stances reluctantly--to decline the ap.
pointment. l 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. / yield to no man
in my appreciation of the great loss
the community has sustained. But
that Is not the question here and now
Next to God and my family, respect
indeed venerate, the constitution, the
laws. the institutions, the civilization,
of my country, and I 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 q court and jury.
would defend no man, unless l could
make his defense thorough, and. plac-
ed as / am just now, 1t would be I'M
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
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 n case that i am
anxious to undertake, but I feel that
our institutions are on trial in the
present instance. 1t Is either a case
of introducing the mob law of the
South in Hawaii or of indicating our
judicial institutions here. This man Is
accused of capital offence. He Is eth
err guilty or innocent. If he is guilty of
this murder then he should suffer
death, but If he Is innocent then he
must go free, but whether guilty or
the constitution of the United
States guarantees him a fair and i'm
partial trial no matter what his color,
creed or race may be. II your honor
should appoint me and also appoint
Frank r.. Thompson in the case. / win
do my best in the prisoners interests
quite irrespective of public opinion"
Judge Gear named Mr. Thompson al
with Mr. Davis, saying it was
the duty OF those appointed to defend
that man to do so to the very best of
~
might be regarded by public opinion.
God forbid that any accused man--no
matter how low or poor, of what race
or condition-should be deprived OF
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
next at 10 o'clock -,
AS the prisoner was taken away 4
large crowd dissolved through the pub
lie doorway, at which Judge Gear re-
II thought they were jurors"
About an hour after the removal OF
Miranda from the courtroom, Frank
r. 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.
|ieved from the duty OF defending Mir
anda.
Il believe the man is guilty" he said
Mr.. Prosser objected to such state
ment before Jurors who might be cali
ed In the case, but all he got In reply
was. Il am addressing the court, Mr.,
Prosser."
Mr.. thompson went on to say that
ne had been out of practice for some
line recently and thought this request
ID task should not be imposed on him
Not only did he believe the accused