Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1905-08-21
WHAT WAS SAYS IS
STRIKE Talk CAUSE


gata's case but waiting to see what
views your correspondents had, and,
being otherwise busy, delayed my
statement Of the facts which consid.
er the public is entitled to, and you
may make whatever use you may
please Of this letter, as all the facts
can be substantiated by the verified
statements Of others In connection
with the case.
The facts are as follows:
Saturday, the 9th inst, late in the
afternoon japanese gentleman, rep.
resenting himself as the messenger of
committee Of Yamagata's friends in
company with Mr.. N. K. Otsuka-the
nterpreter-called at my office and
inquired If was In a position to take
up the prosecution of case against
an employee "a white NAM of the
II. c. 4 Sugar Co. when my terms
were made known the gentleman de
INJURED, and I suggested that applica.
ton to the County Attorney would
save any expense, whereupon it was
intimated to me that the japanese
would not trust the authorities In view
of the fact that no steps had been TAX.
en- by them to arrest Yamagata's as.
sailant. suggested that they walt a
little longer.
Next day Sunday, afternoon, the
same gentleman. Mr.. Otsuka, some Of
the members of the committee. and q
couple Of witnesses called on me and.
after being informed that they accept.
ed my terms, proceeded to prepare
complaint charging Douse with assault
with intent to murder, and, before
having the same verified, submitted II
to the Sheriff for approval, as the
practice here follows. The Sheriff
was very much surprised that he had
not been informed Of the case up Ia
that hour, Immediately ascertained
the facts and approved the issuance of
the warrant for the arrest of Douse.
At this time something was men.
toned about a strike and |, together
with the most intelligent gentlemen In
the company. advised and counseled
prudence, as the matter was now.
through their private counsel, In the
hands Of the law, which was listened
to. Mr.. Otsuka also helped great
deal in persuading that the best meth.
cd to follow would be to wait devel.
opments.
The warrant was issued and In.
structions were left at the station
that the bail would be 81 900. The Of
ficer' in company Of complaining wit
ness, proceeded to Puunene. as at this
time the name Of the accused had not
been learned by me, to point him out
Instead Of taking Douse to Wailuku
and there be bailed, as Is customary
in such cases, the warrant was read
to him and on the promise of his ap
pearance next day before the court, he
was left in peace.
Monday morning, DOuse was ar
raigned on the charge prepared by
me; the County Attorney enters my
name of record as assisting the prose
cution; the examination is set for the
A4th, and bail set at $500.
The examination OF the witnesses
preparatory to the examination before
the Magistrate is lett to me, which
did In due time.
Nothing was heard of the matter
and everything was smooth until Tues
day at 2 a. m, when a special messen
ger came to inform me Of Yamagatat
death n couple of hours prior. NJ!
health not being good, called upon Mr.
Otsuka to ring up the Sheriff from
my office and inform him Of the dealt
and tell him that I, as counsel In tn
case, requested that Douse be arrest
ed on the charge Of murder. TIL
Sheriff being out of town, Mr.. Otsuki
was referred to the County Attorne,
and a warrant was issued for Douse'
arrest charging him with murder.
4 was present at the coroner's In
quest, having consulted with tn
County Attorney ana the Attorne
General as to the mode of procedure
After the inquest, myself and tn
Attorney General consulted about tn
number of witnesses who should test
fly having interviewed DR.. Sega pre-
viously.
Friday, the 18th, went to court an
after the nolle prosequi of the charg
of assault with intent TO murder b
the County Attorney, the charge c
murder was entered against Douse, q
. which time requested that my nam
be entered as assisting the prosecu
ton, which was objected to, and, al
err contending that the County la
gave me the right, which reads as ia
, lows: -"Proyided, however, that mott
| ing herein contained shall prevent III
! institution or conduct OF proceeding
! by private counsel before Magistrate
under the direction of the County A
torney. was upheld by the Magi'
! trate that the Coutny Attorney ha
: absolute control as to having anyor
n assist the prosecution or not.
J. At my office the County Attorn'