The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-07-06
CONSUL WOULD
NOT SEE HIM
Continued from Page une.)

the presence of police officer. The
attorney refused to have his advise
and instructions Overheard and left the
station in disgust.
He relates the incidents of the past
forty-eight hours in an affidavit filed
with the Circuit Court last night, at.
tached to a motion to have the trial
of the ten alleged rioters, set for con-
tinuation for this morning, postponed
| until he can have had an uninterrupt
ed and uncensored Consultation with
his clients. The motion will be present
ed this morning.
! In his affidavit, after reeiting the
fact that he was the attorney for the
| ten japanese on trial for riot and that
the case was under way and concluded
so far as the taking of evidence for
the prosecution was concerned, Mr..
Lightfoot says:
"That in order adequately to pre-
pare for the motions above referred to
| and in case said motions should be
| overruled for the presentation of the
defense in said cause, affiant ordered
| all the defendants to be present in
his chambers in the McCandless build.
ing, Honolulu, on Sunday the 4th day
of July, 1909, at the hour of 1880 p. m.
of said day.
"That at the last aforementioned
time and place all the said defendants
with the exception of Fuchino duly
appeared for the purpose of discussing
| with atfiant the matters relating to
| their defense.
"That thereupon and at the time
and place last aforesaid affiant learned
for the first time that the said Fuehino,
in the afternoon of said 4th day of
July, 1909, had been arrested by GER
tain police officers whose names to
| affiant are at the present time I'M
known, and that the said Fuchino had
| thereupon been conducted to the po-
| lice station, Merchant street, Honolu-
lu, and there confined in prison; that
| thereupon and about 1880 p. m. of said
| 4th day of July, afiiant visited said
| police station and particularly that
| part thereof occupied by William P.
Jarrett Esquire, Sheriff of the City
| and County of Honolulu.
"That affiant found in said police
station and in that part thereof oc-
! cupied by said Sheriff, w. A. Kinney,
Esquire, the said Kinney being the at.
| torney conducting the said prosecution
tain Interpreters, stenographer and two
| persons whom affiant believe to be
japanese but whose. names are to aft
| ant unknown.
"That said Kinney appeared to af-
fant to be engaged in the examination
of said japanese through an inter
prefer, to.wit: Chester A. Doyle, Es-
quire, and it further appeared to af-
4
examination were being taken by R. A.
Kearns, Esquire, stenographer; that
| thereupon affiant was ordered by said
w. A. Kinney to leave the said prem
Uses, to which order affiant replied that
| he was waiting to see William p Jar
rett, Sheriff as aforesaid and preferred
| to wait until said Sheriff should APP
pear;
| ''That thereupon said w. A. Kin
| ney ordered certain policeman whose
name at the present is to affiant I'M
| known, to remove affiant from said
| premises; that said policeman there
| upon ordered affiant to depart from
| said premises; that thereupon affiant
| took an automobile and visited the
| residence of the Honorable w. ]. Rob.
| inson, presiding judge at chambers of
| the above entitled court at the present
term thereof and secured from said
| judge an order directed to said Sheriff
and his deputy to allow afiant to see
said Fuchino and discuss with him
matters pertaining to the defense of
| said indictment for riot; that said or
der commanded said Sheriff and his
deputy to obey the same on pain of
contempt; that affiant has no copy of
said order, the same being in the
possession of said Sheriff;
"That affiant, with all possible haste,
presented the said order at the hour of
1925 p. m. of said 4th day of July,
1909, to the deputy of said Sheriff; that
said deputy refused to allow affiant to
consult with said Fuchino in pursu-
ance of said order, said deputy in
/ forming affiant that said Fuchino was
held for investigation; that thereupon
and at the time last aforesaid, and at
| the police station aforesaid, said Ka-
| wakami was arrested and held for in
vestigation; that at the hour of 1910
p. IN. of said 4th day of July, affiant
was Informed by the deputy sheriff of
the said City and County of Honolulu
that affiant would be permitted to see
said Fuchino when the investigation of
the charge against said Fuchino had
been completed; that about midnight of
said 4th day of July affiant visited
said police station for the purpose of
aseertaining whether or not charge
had been preferred against said Flu
chino and said Kawakami, and wheth-
err or not the said Fuchino and said
Kawakami could be liberated on bail;
that affiant was then and there inform
ed by the captain of police that no
charge had been made against said
Fuchino and said Kawakami, and that
it was then impossible to secure the
release of said Fuchino and said Ka-
wakami ON bail; said captain of pc.
lice then and there informed afiiant
that he might see said Fuchino but
might not see said Kawakami;
"That on account of the lakeness of
the hour, afliant preferred not to see
said Fuchino until the following day;
l &lnt a. I'll.