The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-02-03
WHITNEY IS
SUSTAINED
Judge De Bolt Finds No
Case of Conspiracy
Made Out.

I am afraid I will have to leave this
| country" George A. Davis exclaimed
when Judge De Bolt informed him yes
terday afternoon that on the record
presented, with an oral extension be-
sides, he would have dismissed the
charge of conspiracy against Sekano
and Uta Nahashima, as District Magis-
trate Whitney did on Wednesday.
IF that is not clear case of con-
spiracy I will have to learn the prac-
tice of law all over again. was another
emphatic remark of Mr.. Davis.
Judge De Bolt held an informal hear
ing of the written request of Davis for
warrant of arrest against the two
japanese, a man and a woman, who
were discharged by Judge Whitney, as
reported in yesterdays Advertiser.
Il do not intend to make any charge
against Judge Whitney" Davis said
a few moments after the subject of re-
mark had entered Judge De Bolts
courtroom. I may have said some
thing like that yesterday when I was
excited, but 1 did not mean to take
any such extreme course
Judge De Bolt had not only listened
to Mr.. Daviss argument and reading
of the District Court record, but care
fully read the record for himself be-
fore expressing the opinion already
quoted He said there was some evil
dence shown as to one defendant, but
none regarding the other, as was nee
essary to prove conspiracy.
You know that the relations between
myself and the Attorney General are
strained Mr.. Davis said, as reason
why he did not take the case to the
Grand Jury instead of asking for
warrant.
oh you only think so,'' Judge De
Bolt rejoined. He further stated his
agreement with the principle adopted
by the late Judge Wilcox in refusing
to issue a warrant, excepting in emer-
gency, while the Grand Jury was in
session.
Mr.. Davis, after the incident was
closed in the courtroom, decided to
have recourse to the Grand Jury. Meet |
ing Deputy Attorney General Peters |
in the corridor he gave him the Dis +!
trict Court record transcript and ask |
ed him to have the case presented to |
the Grand Jury.
A. r. Cunha, associate counsel with |
Mr.. Davis in the District Court, was |
present at the hearing. J. w. Cath |
cart, who had appeared with A. NJ. |
Brown for the defendants, dropped in |
to see Judge De Bolt on another mat
ter, but took no part in the proceed
ngs. Mr.. Brown was not present. Four
witnesses for the prosecution, includ-
ing comedy young Japanese woman,
who smiled in evident amusement when
The argument was at high pitch, We're
in attendance. A Japanese Interpreter |
was also on hand.
1t appeared from the record, with an |
extension thereto, which Mr.. Cunha
was allowed to give orally, that a Jap
anese, the complaining witness, had
oeen given a letter supposed to contain
'25, which he was to deliver to Seka-
lO's father in Japan. SekanO and the |
said to be a relative of his
.laimed that the money had been lost
they demanded it of the complaining
witness, who stOutly aVerred that he
had paid the money to the woman.
[eXt the defendants are alleged to have
aised their demand to $1G0 and threat
ned the complaining witness that if he
lid not comply he would have his
lands tied behind his back and be
arrested. on one Of several occasions. |
when they annoyed the man and his
2mily, it was alleged. SelIano commit ,
ed 4 personal assault on the man.
Davis urged that the woman joined
n the threats and the demand for
money, but Judge De Bolt told him
here was no evidence of agreement or
ON oination, as required by the stat
tie. nor anything to show that the de-
andants did not have a right to de-
iand the payment of money
IF it had been a case of assault and
artery l would not care" Davis said
mong great deal more. but this
; one of those cases that end in muir
er with the japanese"