The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-06-20
FIRST WITNESS
IN RIOT TRIAL
cFrOm Saturdays Advertiser.o

nese charged with rioting at Waipahu
ON June s, began in Judge Robinson IS
department of the Circuit Court at 1880
clock last night.
The jury was secured and completed
within an hour after the converting of
the court session, the members of the
jury being as follows:
George II. Harbottle, John H. Jones,
j. 5. Azevedo, William l.. Austin, Fred
Goudie, Fred Meyers. Daniel II. Daller,
William f. Buckle, George E. Bruins,
John A. Legros, Albert Ludlof and
Moreno Hull.
The first witness placed on the stand
by the prosecution was Eugene NJ.
Scoville, an employee of the Oahu Sugar
Company, who was acting as special
police officer on the day of the riot
Attorney Lightfoot began a series of
rapid fire objections to the questions
that were put to the witness by Mr..
Kinney of the prosecution. He objected
to the asking of questions that tended
to show the circumstances and condi-
tions existing among the Japanese
laborers on the premises of the Oahu
Sugar Company Immediately preceding
the disorder. He objected to the pros
ecution proving that Mr.. Scoville was
n regularly commissioned police officer
without pay. The first exhibit of the
prosecution was finally introduced in
connection with establishing Scoville IS
authority commission duly signed by
Sheriff Jarrett.
Scoville related the pursuit of Japa-
nese who wished to return to work by
n crowd of hundreds of his fellow coun-
trymen. In company with Police Of
fcer Wills, Scoville stated that he went
to the assistance of the laborer who was
being beaten by one of the defendants.
The man who committed the assault
Scoville positively identified as Jotaro
Mikawa.
Before Scoville was called to the wit
ness stand Lightfoot moved to quash
the Indictment of the thirteen Japanese
on the ground that the indictment re-
ferred to fHonolulu in the island of
OAHU instead of the City and Coun.
ty of Honolulu. He insisted that the
''island of Oahu was without legal
status. The motion was denied by
Judge Robinson.
1t is the intention of prosecution and
defense to hurry the trial to a speedy
conclusion. Sessions will be held today
and it is probable that the proceedings
will be continued this evening.
Day Proceedings.
An attempt to secure the continuance
of the charges of riot against j. Mika-
IVA and twelve other Japanese before
Judge Robinson yesterday was marked
with failure, the motions by Attorney
iLightfoot being overruled and begin.
ming made in the work of securing a
jury.
The first venire was exhausted in
short order and at the noon recess of
the court Judge Robinson ordered the
issuance of three special venires of
seventy-fve men in all, returnable at
/ CLOCK. The time for the serving
of the summons was so limited that
only eleven men were presented when
court convened in the afternoon and of
that number only six were qualified to
sit as jurors.
A fourth venire was then authorized
to be issued for fifty talesmen return
able at 1880 in the evening, Attorney
Lightfoot apparently changing his at.
titude when he discovered that it would
be impossible to secure a regular con-
tinuance, hoping to obtain a speedy dis
posal of the case, so as to allow him
to appear as the attorney for the Japa'
nese connected with the higher wage
agitation both in the departments of
Judge De Bolt and Judge Robinson.
AT the morning session of court
Lghtfoot repeated his objection to
proceeding with the trial and insisted
that the Japanese accused of being riot
ers would be deprived of the rights
guaranteed to all by the constitution
of the United States. He declared EN-
phatically that the spirit of the pro-
ceedings in "forcing the defendants
to trial was in violation of the existing
he God Statn md
Japan.
Kinney Objects.
statement by Lightfoot that it was
impossible to secure another attorney
who was willing to enter case in
opposition to the interests of the sugar
industry brought forth an objection
from Mr.. Kinney of the prosecution
who replied that such an allegation was
an insinuation against all the members
of the bar and was not warranted by
any reliable evidence.
Lightfoot then qualified his assertion
by saying that he did not wish to make
insinuations against any member of the
bar, but reiterated that a lawyer could
not be secured to assist in the defense
of the Japanese without the payment
of retaining fee out of all proportion
to the value of the services to bt
rendered.
In the course of his argument Light
foot said that it was an absolute in
justice to compel the defendants to &C
to trial with new counsel, concedinl
the possibility that they were able IL
secure counsel other than himself
Lightfoot said that he was familiar
with the statements of each of thu
defendants, and that it would take sew
eral days for other counsel TO familiar
ize himself with the details of the de
Tense.
In an effort to expedite proceeding
Mr.. Kinney and Lightfoot propoundeC
number of questions bearing upor
qualifications, to the jury collectively
instead of the usual method of examin
ing nnn man Mt q time The inrnrI