The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-06-15

of case because I asked for time to
! look at the indictments Ism It it a thing
that is done every day2
l repeat, as we said in our applica-
tion for continuance in the Sega case,
we do not believe that at this time we
could get fair jury trial, and we ap-
| piled then for postponement of the
case to the next term, and | supposed
that the learned counsel on the other
side felt the justice of the demand and
| by consent, | think, the matter went
| over to the September term. Now
what is to be gained by this hurry
! which is now evidenced? / have been
in court in all these various proceed
| ings for habeas corpus and the fixing
| of bail, etc, and so on, and if any
thing has been said on my part that
| did not believe that they would prose
cute their charges or Indictment to
final determination, haven t heard it;
I must have been asleep then. I may
be at liberty to state that the other
day Mr. Kinney asked me if I should
insist upon an early hearing on these
| charges. and my answer was noncom-
initial; I couldn Il say whether we
| should do that or whether we should
L.
| Kinney if he himself did not think
that it would be better for all parties
| concerned to have the matter post
| poned from a time when, apparently,
| there is great excitement and great
public feeling arisen out of the matters
| of these strikes.
There is another matter that would
urge on your Honor, and | suppose it
| might have some weight in my applica-
| ton for a continuance; it is this Your
Honor will take judicial notice of the
records, of all the records of this court.
and will find that there have been sew
eral charges, indictments, etc, preferred
against people who are connected
with the higher wage movement, as it is
generally known. Now, in those cases
and all of them, I have appeared for
| the defendants. For the prosecution
there have appeared the Attorney
| General and his deputy, Mr.. Sutton, and
Mr.. Kinney, and Judge Ballou, Mr..
| PrOsser, Mr.. Anderson, and / know not
| if they have not had other brief clerk
or clerks working on the thing. Now
/ submit, may it please the court, that
| in view of that fact, | ought not to be
| hurried to trial. They, of course. can
| bring their enormous force to bear. can
| easily prepare and present a thing
! properly to your Honor, whereas /, be-
ing gle-handed, can not work with
| the same quickness, and so [ submit
| that the request to have the hearing
on the charge continued for one week
| is not only not unreasonable, but it is
exceedingly reasonable
Mr. Kinney MAY IL plaasa tho oo,,rt
these men were straining at the leash
for a hearing, as l understood it, may
| be mistaken, and for an opportunity to
| vindicate themselves and to show that
| this prosecution simply represents the
| Interior motives of capitalists bringing
pressure to bear upon the government
[ | want to give defendants an early day
| to vindicate themselves, and we are
| ready tomorrow at two o'clock to. go
| right into the facts before an impartial
| judge without Intervention of a jury,
and if defendants have been clean, hon
| est and square in their methods and
that is established in this court, they
will go out of this courtroom indicated,
and l give them that opportunity right
here and now, beginning at two clock
| tomorrow.
Mr.. Lightfoot.-The best way, may
| it please the court, as it seems to us, to
| show that the defendants are clean and
| honest and vindicated before the ewes
of all honest men, is to properly pre-
pare for trial. I believe many an in
nocent man has been convicted on ae-
count of the Incidence or ignorance of
their counsel.
The Court.-They will not accuse you
of Incidence and lack of intelligence.
| Mr.. Lightfoot.-O, yes, of course,
| your Honor. Your Honor is mistaken;
| you must pardon me for differing
from you, but they will accuse me of
| everything that has been DONE
| Talking of this bursting the leashes;
these men have been taken from the
avocations of their life and have been
| incarcerated in Jail once before, and
were only gotten out when habeas
corpus proceedings were commenced
Now | say again, I want to talk about
the leash, your Honor, strainig at the
leash, and then again in the middle of
the day, when some of them, most of
them being newspaper men, preparing
in the struggle the publication of their
| newspaper, they are again taken off
without a moments notice and two
hours is taken out of the middle of their
day. Now that is how the prosecution
strains at it's leash.
Mr.. Prosser.-It is the pursuance of
these daily avocations of these defend
ants that we are objecting to; that is
what they are on trial for, these daily
avocations of theirs.
Here, after discussion, the matter was
continued until this morning at nine
0 clock, for the purpose of determining
just what order should be made, and
the defendants, being already under
bonds, were released by consent on
their own recognizance
The complaint upon which Maxine
and others were rearrested Yesterday
J summarizes the whole basis of the
charges against the strike leaders. The
text of the document is as follows:
/, William Hery, being first duly sworn,
on oath desposes and says:
That he is the duly appointed, quail.
fed and acting High Sheriff of the Ter.
, rItory of Hawaii. That Y. Sega. Y
Tasaka, K. Kawamura, NJ. Negoro and
+. K. Maxine, all of Honolulu. in the
City and County of Honolulu, in the
First Circuit, at Honolulu, in the City
and County of Honolulu, and in the
;, Circuit aforesaid and within tho iuris