The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-08-18

Continued from Page Two1

translated to serve up as a delectable
dish to you gentlemen of the jury,
and then by accident, and purely by ac-
cident, 1 discovered that the very things
that were translated had been stricken
GU by the Jill people before the police
borrowed these things. And the learn
eli counsel on the other side was COM
PEELED, much against his will, doubtless,
to get up and admit before you, gentle
men of the jury, that these things were
marked before the police took them.
Was there any mention of the marking?
. Did Professor Dening, when work
ing out his $4,000, did he say anything
- This Is translation, but it is cross
ed cut, or Mr. Sheba say, I made a
translation of these letters, but it is
crossed out?' Not blessed word. These
things are served up to you, hoping that
you will never discover, and that l
shall never discover, that the very
things that were served up to you were
crossed out by our people before they
were taken by the police Is that
man-fashion? l leave it to you, gentle
men of the jury
We all like to play fair, don't we?
There are some of US, perhaps, that
don t like to play fair, but we should
at least preserve the appearance of
PLAYING the game fairly
Gentlemen of the jury, don't rail
road these men into Jail by such means.
You wouldn t like to have trial of
that kind yourselves, would you? You
would not like to think that you were
going to be subject to such persecu-
ti0n.
again, here we have learned coun-
sci reading from documents; he omits
the part that doesn't suit him, reads
the part that does. Is that faira Why,
1T is like biting in the clinches, that
is Just what it is. 1t is like hitting be-
low the belt, just what it is. Now,
gentlemen of the jury, I want you to
put your stamp of disapproval on such
things as that
The Broken Promise.
"Again, we have IA stipulation en-
tered into in open court that we might
show in evidence certain articles that
had been published in the Chronicle, the
Jill, and the Shinpo, articles which,
we claim, were as bad, if not worse,
than the articles complained of in this
action. Beginning to look over the
articles, it was found that the parts
were not marked, and so the witness
retired from the stand on the under
standing that we were to translate the
portions on which we relied, give them
to opposite counsel, and then put them
in evidence, and we came to put
them in evidence, and counsel went
back on his stipulation, a thing that a
lawyer never does; went back on his
stipulation, and you have not the bene-
fit of that evidence. Now | say, gentle
men, that is hitting below the belt;
that is hitting in the clinches, and I ask
you again, l say, to put stamp of dis
approval on it, because it is not fair
and you, gentlemen of the jury, would
not like to be tried in that way.
Gentlemen of the jury, this is an
important case to the prosecution. 1t
Is an important case to these defend
ants. Not only is their property in
volved, but their liberty is involved; a
verdict of guilty by YOU would doubt
less send these men to jail for a long
period of time. Their liberty is as dean
to them as yours is to you, and we
submit, gentlemen of the jury, that
their liberty should NOT be juggled away
because the Planters Association wants
to get them and put them where they
can't do any harm.
.'it is important to every Japanese
in the Territory of Hawaii-very i'm
portant.
''1here are 10000 pairs of eye:
watching you twelve gentlemen = o.
eleven gentlemen, for we have va
cant chair, l am sorry to say-70,0O
pairs of eyes watching your verdict il
this case.
bo To-
ritOry knows that this case is now go
ing to you, and they are looking for the
result.
Gentlemen of the jury, as you know
we have had a strike, a strike that has
been peaceable, a strike, you may say
without a single act of violence.
We have had five or six thousand
Japanese out on strike and no act OF
violence shall speak of the Giich
case afterward. These people have bee
peaceable! Not because they wanted
TO 'confscate the plantations or any
thing like that, and | really don t like
to talk nonsense Not because they
want to confseate, if you please, Oahl
plantation and other plantations, but
because they have a supreme respect
for the law.
Shadow Boxing.
"These japanese, 10000 as they have
been called; l don t know, l never have
counted them; 10000 japanese in the
Territory of Hawaii have respect fol-
the law, and they believe that at youl
hands these defendants will get Justice
and their respect for the law will be in
creased thereby. 1t is a very important
thing, gentlemen of the jury. I repeat
there has been no more important Grim
inal case, outside of capital cases, tried
in the Territory of Hawaii to the pres
ent time, and so I beg your most earn
est attention. / have the present ar
gument, and then my mouth is closed
Mr. Kinney boxes the last round all by
himself, and I have not the right to re
ply, and he viii doubtless reserve per
haps the most important part of his ar
gument to the reply which he will make
to me. to which l have no opportunity
of answering. and you will have TO rely
upon yourselves; l can not help you
Do Your Duty.
EThis is an important case It wa!