The Hawaiian gazette., 1909-06-22
HOW THE ACCIDENT OCCURRED

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HOW THE ACCIDENT OCCURRED.
Report has come from Deputy Sher-
If Fernandez regarding the manner in |
which the Porto Rican strikebreaker |
lost his life at Waipahu Thursday af-
ternoon. 1t seems that he was, with |
others, pushing a loaded cane car up |
slight slope. They had taken three |
Others to the top of the little hill, and |
these started to roll back down. The |
Porto Rican's fellow,workers saw the |
danger from the homecoming cars
and sprang out of the way. The
Porto Rican, it appears, also leaped,
but in some manner fell back SO that
his head was near the track. Arteries
and veins were severed in his neck,
causing instant death.
OBSERVATION-DISCLOSURES
sisted almost entirely of extracts from
articles published in the Advertiser
prece ding the strike on the planta-
| tions, and were all cited by Lightfoot
as indicative of the general feeling of
hostility that existed against the ac-
cused japanese.
| Unconscious Humor.
| Lightfoot stated that the Bulletin
had been guilty of gross misstate-
ments in connection with the activ-
| tiles of the Higher Wage Association,
| but observed that as that publication
was read more in 1.-The light of a
| strange and singular example of I'M
! conscious humor" by the intelligent
~. al,
go to the trouble of incorporating any
| of it's expressions of sentiment in the
affidavit.
In reply to Lightfoot, Mr.. Kinney
stated that the prosecutions offer to
go to. trial before judge was still
open, and that If the defense did not
think it could secure twelve impair
tial Jurors. they were at liberty to
take advantage of a trial without a
jury.
Judge De Bolt observed that he
might be open to disqualification be-
cause he was interested in the sugar
1 plantation on the island of Molokai,
but which he presumed was now
defunct."
at is so far defunct. your honor"
observed Kinney. that 1t can be ex-
Kinney then contended that the
affidavit presented by Lightfoot lack
ed practically all of the essential
features that would entitle it to Sc
rious consideration as indicating the
sentiment of the public at large. He
said that the actual frame of mind
of the public was an open question,
and that there was nothing in the
affidavit that could be interpreted as
reaching the mental reserve of the
people of the Territory.
Kinney insisted that Lightfoot failed
to take a reasonable view of the legal
meaning of fair and impartial trial.
He said that the phrase meant that all
the machinery of the law is to be put
into operation, through the usual pro-
cedure, to guarantee defendant an i'm.
partial jury and that it takes no cog
nizance of any assumption of excite
ment or sentiment on the part OF the
3 public.
, The trial of Ruef in San Francisco
, was pointed to by Mr.. Kinney as suf-
t ficient Indication of the fact that it is
: the belief of the courts that defend.
: ant can have a fair trial despite a
: strong public sentiment against him,
| which, in the Ruef case, even necessi.
3 tated strong guard to prevent the
defendant from being harmed by an en-
ragged populace during his journeys to
and from the courthouse.
4 Kinney also questioned the statement
{ by Lightfoot that there was an absolute
1 unanimity of sentiment against the
r Japanese among the citizens of the Ter
I ritory.
at might well transpire, - asserted
Mr.. Kinney, "that there are hundreds
a of American citizens in this Territory
a whose sentiments are with this strike
. movement
: Judge De Bolt denied the motion fol-
a continuance, stating that he presum
!, ed it would be best to have the trial
J begin as soon as possible. Kinney sug
gested that a beginning be made on
Monday morning at 10 clock. Light
!. foot Immediately objected. He said
that it was too soon and would not
!, give him the necessary time to make
. adequate preparations for the conduct
! of the trial.
Judge De Bolt replied that the Mon
day session would be consumed in the
preliminary work of securing a jury
y Mr.. Kinney observed that there was
no disposition on the part Of the prose
cution to hurry the defense and that
y when the jury had been secured and
Q the first witness sworn the prosecution
. would not raise any objection 10 any
6 delay which could be legally granted
. and which would not yitiate tho trial
Q With this understanding Judge d.
: Bolt set tomorrow morning for begin
d ming the proceedings, but the probabil
a Wy 10 that Il will BIO several days be
u fore the first witness is sworn,
continuance was granted Until
. June FL on the charge against Tasaka
a aud number ~ other japanese OF be
u Ing diaoIderly persons, sugawaTa, the
o knife welding collector Of the lllghel
i Wage Association, secured eontlnu