The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-06-13
Action Justified.

! right to cheer their leaders as they
| did.
| Action Justified.
| Kinney defended the action of Sheriff
| Henry in entering Makino's store and
removing the safe. He declared that
| no one had a lawful right to claim
the possession of criminal documents
of the nature that were recovered
| from the safe, and that the action
was entirely justified.
| I'm this case we had to open a safe,
it is true" said Kinney. The con-
tents are now the property of the
Government, and 1 challenge the learn
ed counsel to bring an action in
replevin to secure the return of the
contents of the safe in question"
Referring to the nature of the papers
now in the hands of the Attorney
General Mr.. Kinney insisted that there
was ample proof of the absolute
necessity of holding the witnesses
without bail until such time as they
could give their testimony without
fear of intimidation or personal vio-
lence from the leaders of the higher
wage agitation and adherents.
He quoted a statement in the Nippu
Jill that "sycophants are to be social
ly ostracized," and declared that the
witnesses who were inclined to give
unbiased testimony for the prosecu-
ton of criminals would be included in
the designation of "sycophants' and
treated accordingly.
ANY man among these Japanese
who lifts UP his voice to give. evidence
is an outcast among his countrymen,"
said Kinney.
Referring to the man who was beaten
and severely. injured because he de,
sired to return to work on a plantation
in opposition to the mandates of the
Higher Wage Association, Kinney de-
clared that back of the rights of that
Japanese was the sentiments of the law
abiding community of the islands and
that at the time he was assaulted the
Japanese was exercising right guaran-
teed by the Constitution of the United
States.
Lightfoot Scored.
Referring to a statement by Light
| foot that the Japanese had a perfect
right to refuse to give any information
to the officers of the law in connection
| with the assault, Mr.. Kinney said that
it was distinctly bad teaching to come
from an attorney who by the sole rea-
son of his position is supposed to up
hold the administration of JUSTICE
81 do not think that you could find
any more depraved teaching than this
| from the lowest class of citizens, f" said
| Kinney, "and we would not feed such
philosophy to our dogs"
| Kinney declared that the great dan
ger of the times was in allowing too
much latitude to criminals in evading
the penalty that the law prescribes for
their acts, and that the obligations of
| the citizen was just as important as
his rights.
| He declared that the "maudlin and
spread eagle TALK that came from At
torney Lightfoot was illustrative of an
| evil tendency that should be curbed,
and that the interest of the general
public was of far more serious consd-
Grafton and entitled to a greater degree
of thought at the hands of justice than
the personal interest of an individual
whom the law has good reason to sus-
pect.
''We have documents in our posses
sion,' said Mr.. Kinney practically
decreeing murder and from the Nippu
Jill offices come letters that show that
the writer had murder in his heart
| Lightfoot declared that Mr.. Kinney IS
charges that the Higher Wage Asso-
citation was urging the "extermina-
ton" of Editor Sheba was simply
hearsay," because he could not read
Japanese; and that the translations
could not be taken as conclusive evil
dence.
Whitney Favors Bail.
Judge Whitney did not seem to think
that the request for the remanding of
the witnesses without bail was justified
by the circumstances He said that the
men had already been in jail three
days and that there was no evidence at
hand as to the ones that actually had
knowledge of the crime for which
they were held as witnesses. In view
of all the conditions of the case, he
said that he was strongly inclined to
the opinion that the men were entitled
to the privilege of securing their liberty
on bail
In accordance with this opinion
Judge Whitney said that he would
grant a continuance until 4:30 clock.
Kinney then asked that the case be
continued until 9 o'clock this
morning He said that it would take
considerable time to re-examine each
witness separately and determine those
that could be released on their own
recognizance because their testimony
would tend to duplication.
Lightfoot objected and had some.
thing more to, say about the sacred
principles of the Constitution.
Judge Whitney said that counsel