The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-07-06

toiIf uS, toGtthtT. WIFI VIII OF nHDeHS
corpus to be signed by said judge, re-
turnable before said Judge forthwith
that said last mentioned judge. there
upon informed aiiiant that he must see
o. talk with the prosecuting officer in
said cause; that said Judge, as afiiant
believes, attempted to call up by tele-
phone, said w. A. Kinney, but was un.
successful;
That thereupon said last mention
ed Judge informed affiant that he re-
fused to issue said writ on the follow
ing grounds: First, that he was I'M
able to obtain communication with said
Kinney; second, that the petitioners
named in said writ were defendants in
the indictment for riot, at present in
process of trial before said Judge Rob-
inson; third, that said Robinson is the
presiding Judge at chambers and a petit
ton for a writ of habeas corpus should
be directed to him; that thereupon af-
FAINT attempted to present the matter
of the refusal of said writ of habeas
corpus to tine Consul of His Imperial
japanese Majesty, but was informed
that said consul could not be seen, nor
could the representative of said consul
be seen on said matter; that thereafter,
to wit: at about the hour of 10:45 a. m.
of said 5th day of July, 1909, affiant
met and had consultation with said
William p. Jarrett, and was then in
formed by said Jarrett that charge
would he made against the said Fu-
chino and said Kawakami before noon
of the said 5th day of July; whereupon
said Fuchino and said Kawakami could
be liberated on bail; and said Jarrett
then and there promised to inform af-
faint by means of the telephone as soon
as a charge had been entered against
said Fuchino and said Kawakami; that
during the day of said 9Th day of July,
affiant made frequent inquiries at said
police station as to whether or not
charges had been entered against said
Fuchino and said Kawakami and was
told by the police officer in charge of
said police station that no such charges
had been made and that atiiant could
not secure the release of said Fuchino
and said Kawakami on bail; that about
1870 p. IN. of said 9Th day of July,
afIiant, wishing to prepare for the trial
of said indictment for riot on the NOR
row, requested permission from the po-
lice officers in charge of said police
station, the said Sheriff and his deputy
being absent, to interview the said
Fuchino and the said Kawakami; that
said police officer refused to allow af-
faint to see Kawakami, but allowed af-
fiant to see said Fuchino;
"That thereupon said Fuchino was
brought up into the receiving office of
said police station and aEiant was
thereupon allowed to take Fuchino in
to a private office adjacent to the Of
fee of the deputy sheriff of said City
and County of Honolulu; that affiant
proceeded to discuss with said Fuchino
matters pertaining to his defense on
said Indictment for riot; whereupon
and before affiant had had an oppor-
tunity to discuss with said Fuchino his
said defense, certain police officer,
whose name is at present unknown to
atfiant, but whom affiant can identify
when occasion permits, informed at
faint that no conversation could be had
between affiant and said Fuchino with
out police officer being present at
said conversation; that affiant did not
consider it right to discuss with said
Fuchino matters relating to his said
defense in the present of third per,
son, who would thereupon be enabled
to report to the Attorney General, ms
deputies or assistants, the confidential
communications between atfiant and his
said client; and attiant thereupon was
compelled to terminate the interview
with his said client without having had
an opportunity to discuss with nm
matters relating to the said defense;
that affiant has used every enort IN
his power to expedite the trial on SAID
indictment, but atfiant is unable to pro
coed with the trial OF the above en-
titled action without having had an op-
portunity to discuss with his clients
their defense; that the SAID fuehlho