The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-06-15

attorneys Tor TIC prosecution ob1eeted.
A compromise was finally reached with
continuance until Q clock this morn
ing at which time IL is expected the
date for the arrsignment and plea of
the FIVE men on the new conspiracy
charge win be fixed.
Mr.. Lightfoot-we demand a jury
trial.
Mr.. Prosser.-Put that down, MIR.
Horner.
Mr.. Kinney.-I would like to make
statement, may II please the court.
The court is aware that an Indictment
has been returned against most of these
defendants by the grand jury, l think
the day before yesterday one indict-
ment. They also stand charged under
warrant that was sworn to i think
the day before yesterday, and this is
the second warrant and third proceed
ing against them.
The Court.-Let's see, three separate
charges, of coursef
Mr.. Kinney.-Yes, your Honor. The
second proceeding which is the first pro.
ceeding under a warrant, might more
properly be referred to the considera.
tion of the grand jury and as matter
of fact at their next session it is our
idea and purpose so to do.
The Court.-Let's see, that is a
charge of conspiracy, is it notf
Mr.. Kinney.-Yes. your Honor.
The Court. And this is also n charge
of conspiracy
Mr.. Kinney.-Yes AS to this par.
| ticular warrant on the charge about to
be preferred now we suggest different
course be pursued. 1t has been sug-
gested in interviews in the public press,
and by comment in court, for that mat
ter, that these proceedings were brought
| against these higher wage leaders with
an Interior motive under pressure from
plantation influence and were not
brought in good faith, but were brought
| to handicap the leaders in their work
and with no real motive or intention
of prosecuting them to a completion. 1t
is for that purpose that instead of
bringing this charge before the grand
jury, where the defendants have no
opportunity to be heard and where they
don It know what evidence is produced,
that we ask to try this case before
your Honor, and we are ready to pro.
coed. -'---.-'-
The Court.-You mean sitting as a
committing magistrate or trial, which
do you meant
Mr.. Kinney.-Trial. 1t is a misde.
meanor, the extreme penalty is year.
The charge is in substance that these
labor agitators or labor leaders or
higher wage leaders have sought to in.
terfere with and break up the business
of certain plantations on this Island
by unlawful means, by an elaborate
system of coercion and intimidation of
japanese on the plantations and Japa'
nese off the plantations. That is in
substance
The Court.--As I understand you
you are ready to have this set down
for triall
Mr.. Kinney.-Yes, we make the offer
here in open court, that, upon arraign'
ment of these defendants we stand
ready on twenty-four hours notice to
go into trial on the merits. If they
are not guilty, all right; on the other
hand, if they are guilty, they will suffer
the penalty. OF course, it is in the
power of counsel for the defense tc
demand a jury, but as counsel has init
mated privately to us that be does not
care to- go to trial before jury, owing
to public feeling, we offer to give him
the opportunity to have his trial before
judge of the Circuit Court, who has
had long years experience on the bench
and who won't consider any outside
matter. We give him that opportunity
now, right before judge, to have the
trial right here and now, their oppor'
tunity to be vindicated or otherwise
If counsel does not want it and calls
for his jury, we simply give him notice
now, in order that he may not be mis-
Lied at all that if he valves his oppOr
tunity to obtain his hearing before a
Judge and awaits the action of the
jury, when the case comes up for tria
before jury we shall object to any
postponements of the hearing on the
ground of the state of public feeling
or otherwise.
Mr.. ightfoot.-Now, may it please
the court, at this time we object to
Messrs. Kinney and Prosser appearing
and conducting this prosecution-what
ever it may be, j don t know what il
is. 1t appears that the Attorney Gen
eral and no deputy of the Attorney
General is
Mr.. Prosser.-To stop this, both Mr.
Kinney and myself are Deputy Attor
neys General under commission
Mr.. Lightfoot.-0 are their commits
sions filed, may ask the clerkf
The Court.-That is all l know
about it.
Mr.. Prosser.-I think you will take
my word for it.
Mr.. ightfoot.-Well, yes, but they
ought to be filed. don't doubt you
word.
The Court think counsel have an
nounced themselves as Deputy Attor
neys General and of course the cour
will deal with them as such until thu
contrary appears.
Mr.. Lightfoot.-Yery well.
The urt.-You haven't answered
the other proposition.
Mr.. Kinney.-We ask that the de
PENDANTS be arraigned.
The Court think the charge
should be made, Call the defendants
Defendants called and charge read).
Mr.. Lightfoot.-We ask for time t.
get copy ofthe charge. This, ms you
Honor win see, is u complicated AFFAIR
one that needs TO be carefully scTutinlz
ed and examined.
Mr., Prosser promises 10 let Mr.
a.