The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-06-22
SPECIAL vEN|RE
IN STRIKE CASE

The cases arising out Of the labor
troubles had the right of way in the
courts yesterday, and fair beginning
was made in the preliminary work of
securing jury before Judge De Bolt.
The jury will decide whether the lead.
ers are to be convicted or acquitted
on the charge of conspiracy to interrupt
the free operation of the sugar planta.
| tons on the island of Oahu and, Incl.
dentally, incite the Japanese laborers
to deeds of violence and bloodshed.
The case to be first disposed of before
trial jury is entitled, Territory VS..
I Y. Sega, I. Tasaka, X. Kawamura, NJ.
Negoro, +. X. Maxine and Yamashiro.
After the roll of eleven jurors was call.
ed yesterday a special venire of twenty.
six talesmen was ordered by Judge De
| Bolt, to be returnable at 10 clock
this morning.
Arrangements were also had in the
cases against Sega, Tasaka, Kawamura,
Negoro, Maxine and Yamashiro on the
| indictment of conspiracy to commit as
sault and battery, all of the men enter
ing plea of not guilty. The case went
on the calendar to be taken up in its
regular order. The same disposition
was made of the charge against the
same defendants for conspiracy to muir.
der Editor Sheba of the Hawaii Shinpo.
Demurrer Filed.
Attorney Lightfoot filed a demurrer
to the charge of being disorderly per-
sons, brought against Negoro, Kawa.
mura and Tasaka, and it was set for
argument on Saturday morning at 10
o clock.
The case against j. Mikawa, and
twelve other japanese for riot, was as
signed to Judge Robinson for such dis
position as he may deem proper. The
men were arrested for participation in
the gathering at Waipahu in which an
attempt was made to rescue a prisoner
from Police Officer Wills.
LightfOot asked for a continuance on
the ground that he had been retained
as counsel by the accused men, but that
owing to his other engagements as at
torney for Japanese he would be unable
to serve them unless a continuance was
granted.
Mr.. Kinney contended that there was
other counsel available if Lightfoot was
unable to secure the time necessary and
that the course of justice should not
be blocked simply because of Light
foot s previous engagements.
Lightfoot insisted that the accused
Japanese should not be deprived of
their right to choose their counsel be-
cause of the prosecutions desire to
hurry things. Replying to Mr.. Kinney IS
observation that there would be no
difficulty in securing counsel, Lightfoot
said that he had asked two local prac.
titioners at the bar to help him. One
had asked a retaining fee of $4,000
and another of $4,000, on the ground
that they would lose all their other
legal business because of associating
themselves in the defense of the Japan
ese.
Kinney declared that there was no
hostility against Lighsfoot because he
had undertaken the defense of the Jap
anese. He said that if any criticism
did exist it was because Lightfoot had
made some rather rash remarks before
a gathering of Japanese strikers, and
that it was not because of any action
upon his part in the legitimate defense
of the accused men.
Kinney also offered to produce an af-
fidavit showing that the Nippu Jiji has
been continually urging the ostracism
of and violence against those who OPP.
posed the higher wage movement.
He insisted that there was absolutely
no reason for delay and that the prose
cution did not ask fon any unusual
haste, but simply requested that the
cases go on the regular order on the
calendar
Objects to Counsel.
Judge De Bolt finally declared that
all he could see devolving upon him in
the matter was to assign the cases to
Judge Robinson, to be disposed of as
the court deemed proper. The thirteen
Japanese accused of riot were then in
structed to report in Judge Robinson IS |
courtroom at 9 o clock this morning,
and Attorney Lightfoot will again
make an argument for a continuance
on the same grounds advanced yester.
day.
Lightfoot also entered formal objec.
ton to the appearance of any member
of the firm of Kinney, Ballou, Prosser
& Anderson in behalf of the prosecu-
ton on the ground that they were re-
tanned by private persons and were in
no way connected with the regular
prosecuting arm of the government.
Judge De Bolt promptly overruled the
objection, and Lightfoot noted an ex-
ception.
Can't Read Papers.
The question as to whether the jurors
should read the newspapers was brought
up by Lightfoot, who suggested to the
court that it would be desirable" if |
the jurors would refrain from perusing
newspaper accounts of the strike, de. |
claring that the Jurors might be infiu.
enced against the defendants. To this
Mr.. Kinney raised no objection, and
Judge DE Bolt proceeded to request the
men who were in the jury box that they
do not read the public press accounts
bearing upon the strike.
Judge De Bolt also stated that the !
results of the trial would be far.reach.
ing and that it was the duty of the
prosecution and defense 10 conduct the
ease in manner that would assure
even-handed justice and also give the
defendants the knowledge that they
We're being fairly treated.
Proceedings were then continued I'M
ill 10 a iclOek this morning xyhan tho