The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-08-05
BI 7 7 Err Ne SIS
SHOWN IN
TRIAL
Kinney and Lightfoot
Make Accusations
in Court.

| The attempt 10 murder Sheba made
last Tuesday by T. Mori, seems 70 have
injected into the conspiracy trial an
element of bitterness which was not
apparent before. The resumption yes
terday morning Of the trial was marked
by constant pickering between the op,
posing attorneys, remarks and side re-
marks calculated to sting and rankIe,
and, before the session of the day end,
ed, by yenomous accusations by Kinney
and Lightfoot against each other.
Lightfoot, who is an adept at get
ting before the jury in form other than
evidence facts which have been ruled
out of evidence by the judge, asked
NegorO, the witness on the stand,
question concerning the papers which
"were stolen from his room by the ter
ritorial authorities"
/ Kinney promptly went up in the air
and objected vigorously to the remark
made by counsel He said that all evil
| dence concerning the manner in which
the papers referred to had been obtain
! ed had been ruled out by the Judge,
yet Lightfoot persisted in referring to
the matter in the presence of the jury.
! "This," proclaimed Kinney, sis a
fair sample Of counsel S disposition. -
Before Kinney had fairly started to
| speak, Lightfoot was on. his feet "Mr
Kinney" he said, "has admitted that
this man s room was burglarized by the
authorities and the papers stolen by
| them
81 object to any such statements By
| counsel for the Defense exclaimed
Kinney. His attitude here shows what
| kind of a man he is. His disposition
| is such that when the law steps in and
| intervenes to get evidence of crime,
| he looks upon it as burglary. He is al
ways on the side of lawlessness. He
| is never seen on any other side''
Kinney then went on to say that the
seizure of Negoro s papers was the same
sort of an act as the seizure by the
police of che ia chips in gambling
raid. cit is simply the disorderly
| spirit Of this individual referring to
Lightfootl which prompts him to char.
aeterize the taking of Negoro S papers
as theft. -
81 submit" retorted Lightfoot,
"that there is no law which permits the
| seizure of a man g papers without
search warrant There is no resem-
| blance between that and the seizure of
| those che ia chips That was done in
New York under law which makes it
Illegal to have gambling devices in
one IS possession, and, besides, they We're
| seized under a search warrant.
| Official Burglary.
"Now, it is admitted by counsel for
| the prosecution, that there was burg
larry. There is not any law in this
or any civilized country that warrants
any such proceeding. 1t is not the law,
| that the Territory of Hawaii, without
| even the sign of a search warrant, can
come to my house and break it open
| because of the suspicion that there is
! evidence of crime there. There is only
| one legal way to do it; that is by
! search warrant. 1t shows great assur-
! ance on the part of counsel to claim
otherwise. Although, under the ruling
of Your Honor-and | must admit that
under the law it was proper ruling
the papers have been received in evil
dence, that does not prove that crime
has not been committed
Remarks Improper.
Kinney attempted to reply but was
shut off by the Judge, who said that
he did not care to hear any more about
the matter. Judge De Bolt, turning to
the jury, informed them that they were
to disregard the matter of how the
papers were obtained from NegOro.
Lightfoot s reference to burglary His
Honor characterized as entirely i'm
l proper because the court had already
barred out all evidence as to how the
papers were obtained. Lightfoot, how
ever, bad gained his point; he had sue
ceeded in placing the matter before
the jury, knowing it would have its
effects, even though the Judge ruled it
out.
Earlier in the session NegorO called
down the wrath of the court upon his
head because ne persisted in trying to
give hearsay evidence. He has been
cautioned about this time and again,
but apparently without effect, for on
every possible occasion he tries to work
in what he has heard others say. He is
! equally slIilful at trying to argue the
| case in the presence of the Jury. Even
his own attorney has frequently to re-
mind him that he must stick to his
text and not transgress the orders Of
the court.
Must Fight Planters.
AT one time during yesterdays SEES
sion Negoro succeeded in arousing Kin
ney s wrath by q statement he made on
the stand. The testimony he was Civ
, ing was IN reference to the alleged plan
of the Higher Wage Association which
had been found in his room and which
mas been introduced in evidence. Ne
goro denied that the plan contemplated
the formation of the Higher Wage As
Sociatlon. but asserted that it was his
outline of a general organization Of
the japanese of Hawaii. which he had
! hoped to form for the advancement Of
their moral, intellectual and material
welfare The plan contains a provision
for the employment of attorneys to de
TEND the ''martyrs' of the proposed
association. Lightfoot asked him what
was his idea in providing for the EN-
! ploynent Of attorneys.
Save noticed replied Negoro.
s that he planters use the police power
!. Of the Territory, and anybody who op-