The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-06-26

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
Lightfoot 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 "foreingH the defendants
treaty between the United States and
Japan.
Kinney Objects.
A statement by Lightfoot that it was
impossible to secure another attorney
who was willing to enter a 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
pN iAdt NC hi0 IlOt Wish " IudhC
insinuafions 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 a retaining fee out of all proportion
to the value of the services to be
rendered.
In the course of his argument Light
foot said that it was an absolute in
justice to compel the defendants to go
to trial with new counsel. conceding
the possibility that they were able to
secure counsel other than himself.
Lightfoot said that he was familiar
with the statements of each of the
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 proceedings
Mr.. Kinney and Lightfoot propounded
number of questions bearing upon
qualifications, to the jury collectively,
instead of the usual method of examin-
ing one man at time. The jurors
were asked if they were the holders
of any sugar stock or whether their
near relatives were interested financial
ly in the sugar industry of the Terri
tory.
Judge Robinson said that he did not
see why the holding of stock in the
Oahu Sugar Company, on the premises
of which the alleged riot occurred,
should constitute a disqualification
since the Oahu Sugar Company was
not complainant in the case and that
the case at bar did not differ from any
other involving a breach of the peace
The Stock Question.
The attorneys for the prosecution and
the defense were willing to follow out
the general intent of the agreement
that was used as a basis for the ex-
animation of jurors in the trial before
Judge De Bolt. This was, in effect,
that any Juror who owned stock in a
sugar plantation, or whose near rela-
tives owned sugar securities, would be
excused by consent. Judge Robinson
did not seem to think that there was
any necessity for pursuing such policy
in the case before him, since the plan
tation could not be directly or Indirect
" concerned in the outcome Of the trial.
Mr. Kinney said that he thought the
view taken by the court was correct,
but that in view of the prevailing con-
ditions he believed it would be well to
secure a jury whose impartiality could
not be challenged upon any ground. He
admitted that there was no legal reason
why Jurors should be excused upon the
grounds mentioned, but added that he
felt that it would contribute to secur-
ing an absolutely impartial jury.
The discussion resulted from the call
ing Of Admiral Beckley into the jury
box. In response to a question as to
whether he was the owner of any stock
in the Oahu Sugar Company he replied
in the negative, but added that his
"better half did hold some of the
plantation S securities.
The principle that juror whose rela-
tives hold plantation stock would be
considered as disqualified was finally
accepted by Judge Robinson and Ad-
miral Beckley was excused, apparently
much to his relief.
The special venire Of fifty talesmen,
returnable in the evening, was placed
in the hands of Sheriff Jarrett shortly
after o'clock in the afternoon and
the deputies of the Sheriff 5 Office with
several assistants Immediately began
the work of locating the new venire-
men.
The argument on the demurrer fled
by Attorney Lightfoot to the charge
against Sega, Tasaka and Kawamura