The Hawaiian gazette., 1909-06-25
THIRD vENIRE
IN STRIKE CASE

1t has been found necessary to issue
third venire in the effort to secure
a jury in Judge De Bolts department
of the Circuit Court, before which will
be tried Maxine, Negoro, Yamashiro,
Tasaka, and Kawamura, leaders of the
higher wage movement, who have been
charged with conspiracy.
Five peremptory challenges were used
yesterday by Attorney Lightfoot for
the defense. Mr.. Kinney for the prose,
cution waived the first of the three
peremptory challenges for the prosecu-
tion and used the second, leaving five
peremptory challenges in the hands of
the defense and one for the prosecu-
ton.
OF the second venire that was return
able yesterday morning, nine men were
excused by Judge De Bolt with the
consent of both prosecution and de-
Tense, all of them being employed di-
rectly or indirectly by the plantation
agencies.
A number were then challenged for
cause, either having opinions as to the
merits of the strike that it would re-
quire evidence to remove, or some en-.
tanglements which, in the view of At
torney Lightfoot, would influence them
against the defendants.
The FIVE men who were excused on
the peremptory challenge of the de
tense were Brown, Bolster, Cummings
,,,.l lN. ,,,...t ID
Sergeant Barry, who is clerk to Adju
tant-General Jones of the National
Guard, Attorney Lightfoot asked il
Barry had not made the statement that
he hoped that the militia would be call
ed out and have an opportunity of pro
ceeding against the Japanese. Barry
denied emphatically that he had evel
made such a statement applying to the
| Japanese in particular, but admitted
that he had expressed the wish that the
militia would be called out "strictly
in the line of military duty" not hav
ing particular reference to the Japan
| csc.
Prosecutions One Challenge.
The peremptory challenge used yes
| terday by Mr.. Kinney for the prosecu
ton resulted in the excusing of juror
| Trask, who acknowledged that he wa
a party to a discussion over a piece OF
land which was claimed by plantation
and which he was now holding, pend
| ing decision ON the case by Lane
Commissioner Pratt.
In drawing the names of the tales
men on the third venire it was agreed
that those who were known to be en-
| nod In, tho+ mould L..
their disqualification obvious should b.
| placed aside and a substitute drawn
| The venire is returnable at $3.50 'clocl
Monday morning, and it is hoped tina
the jury can be completed within tn,
course of the day.
Before Judge Robinson yesterda,
morning argument was heard on tn,
motion made by Attorney Lightfoo
| for a continuance of the case agains
j. Mikawa and twelve other Japanese
charged with riot. Lightfoot contend
ed that to allow the case to go on it
regular order on the calendar would b,
to deprive the defendants of their RICH
to be represented by counsel of thei
choice.
Continuance Denied.
In opposition to the argument b,
Lightfoot, Mr.. Kinney read the atii
davits of japanese who had been threat
end by the higher wage agitators, al
affidavit by Manager Bull of Oahl
plantation, and number of incendiar,
extracts from articles in the Nippi
Jiji, urging the japanese laborers t.
commit assaults and exterminate
all who held views contrary to tn
propaganda of Maxine and his col
leagues.
Lightfoot contended that the aft
davits, with the exception of the on
by Manager Bull, were without poin
as far as the motion was concerned
and moved that they be stricken fror
the files of the court.
Judge Robinson apparently did no
think there was any particular merit t
the argument for delay, and he denie
the motion for continuance.
The proceedings preliminary to sc
curing a jury will begin at 10 o'cloc.