The Hawaiian gazette., 1909-06-15
HABEAS CORPUS
CASE IS ARGUED
STRENu0USLY
cFrom saturdays Advertiser,

The attempt to secure the release of
his clients on a writ or habeas corpus
was resumed before Circuit Judge Rob
inson yesterday afternoon, but met with
signal failure. The hearing was begun
promptly at 1870 clock and lasted un-
I'll 4:15 when adjournment was taken
until o clock this morning, at which
time it is probable that the cases will
be disposed of one way or the other.
When the FIVE defendants, J. Soga,
editor of the Nippu Jiji; Y. Tasaka, K.
Kamura, NJ. Negoro and Fred Maxine
entered the Judiciary building in the
custody of High Sheriff Henry and his
deputies, ringing cheer went up from
the hundreds of japanese who were
grouped about the main entrance.
There was also cheer for Lightfoot.
When court convened Attorneys Bal
lou, Prosser, Anderson and ATTORNEY
General Hemenway were present, Mr..
Kinney arriving later.
Lightfoot Immediately asked the
court that he be permitted to make
request which he characterized as ga
novel one, made necessary by the novel
proceedings of which my clients have
been the victims" He then stated
that during the early morning hours
Makino's store was entered and the
safe removed, and that later his room
was forced and a quantity of papers
taken away in pillow slip. Lightfoot
asserted that Soga had been taken into
custody and escorted to the Nippu Jill
Offices and there told to open the safe,
which Lightfoot said was done because
of the threat that the safe would be
broken open unless the demands were
acceded to.
Order Is Refused.
He then asked for an order d recting
that Maxine IS safe be not opened until
Maxine was present, and instructing
the return of the papers and seal of
the Nippu Jill Company, Ltd, which
were obtained according to Lightfoot,
"by force of arms and contrary to
law.'
Judge Robinson replied that he had
no authority to make such an order,
and that it was entirely outside of his
jurisdiction in the case. Lightfoot re-
piled "that in civilized countries such
proceedings are not common" and in
sisted that his clients had "constitu-
tional right of protection.''
Attorney Anderson resumed his argu-
ment on the contention that the hear
ing on the petition for the writ of
habeas corpus could not be properly
held on a legal holiday, making the
point that while the issuance of the
writ was ministerial act, the hearing
was entirely of judicial nature. He
cited a number of authorities bearing
nm ha apl Fol
Lightfoot who insisted that return
upon a writ of habeas corpus can be
made upon any day. He declared that
in dealing with holidays and Sundays,
and that the contention raised by An
derson was simply designed to befog
the issue.
Judge Robinson looked over the sec
tion of the Revised Laws of the Ter
ritory bearing upon the point, and
without hesitation denied the motion
for continuance on the holiday
ground.
Points Out Flaws.
The motion to quash the writ on a
number of grounds was next taken up,
Maxine and NegorO taking their places
with LightfOot at the counsel's table,
and Ballou proceeded to pick flaws in
the technical construction of the pet1.
tion for the writ as presented by Light
foot
Judge Ballou declared that the pc
tition did not set forth the place of
Imprisonment of the petitioners, and
that it simply embodied a collection of
conclusions of law, the ex-parte state
ments of Lightfoot. He contended that
the allegation that Lightfoot's IS clients
were not incarcerated under valid law
of the Territory did not constitute any
grounds for their release and simply
raised a point of law.
Lightfoot defended the sufficiency of
his petition, and stated that the OBJ
jections raised by Ballou were trihing
and did not affect the broad issues of
the case, which were, in effect, "that
the five men had been taken into Gus
tody without due process of law and
that as far as the court was concerned
no reason had been advanced for their
detention.'
Refers to Conversation.
Lightfoot next referred to conver-
sation that he had with Mr.. Kinney at
the Nippu Jiji office Thursday evening.
He said that he responded to a tele-
phone call and went TO the Nippu Jiji
Office and found a number of police Of
ficers, the High Sheriff, and Mr.. Kin
ney Lightfoot said he asked Mr.. Kin
ney what the trouble was, and the lat
ter replied that ''We are arresting
some men for investigation.
What do they mean by 'investiga-
tion 'l'' asked Lightfoot in tones that
could be heard for block. ~ might
have said that the planters have de-
creed that the Jiji must be suppressed