The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-07-06

written petition I0r VIII OF HaDta'
corpus, together with writ of habea:
corpus to be signed by said judge, re
turnable before said judge forthwith;
that said last mentioned judge there
upon informed affiant that he must see
OF talk with the prosecuting officer IL
said cause; that said judge, as affiant
believes, attempted TO call up by teie
phone, said ". 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 hob
inson; third, that said Robinson is the
presiding Judge at chambers and peti.
ton for writ of habeas corpus should
be directed to him; that thereupon al
FAINT attempted to present the matter
of the refusal of said writ of habeas
corpus to the Consul of His lmperlaf
.Japanese Majesty, but was informed
could the representative of said consul
be seen ON said matter; that thereafter,
to wit: at about the hour of 10:4o a. M.
of said 5th day of July, 1909, affiant
met and had a consultation with SAID
William P. Jarrett, and~was then IN
formedk by said Jarrett that charge
would be made against the said Fa-
chino and said Kawakam1 before noon
of the said 9Th day of July; whereupon
said Fnchino and said Kawakami could
be liberated on bail; and said Jarrett
then and there promised to inform al
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 Kawakaml and was
told by the police officer in charge OF
said police station that no such charges
had been made and that affiant could
not secure the release of said F'uchino
and said Kawakami on bail; that about
4:30 D. m. of said 9Th day of July,
affiant, wishing to prepare for the trlal
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 al
FAINT to see Kawakami, but allowed at
FAINT to see said Fuchino;
ssThat thereupon said Fuchino was
brought up into the receiving office OF
said police station and aisiant was
thereupon allowed to take Fuchino In
to private Office adjacent to the of
fee Of the deputy sheriff of said City
and County of Honolulu; that affiant
to discuss with said Fuehlno
matters pertaining to his defense on
said Indictment for riot; whereupon
md before affiant had had an oppor-
unity to discuss with said Fuchlno his
aid defense, a certain police officer,
whose name is at present unknown to
lffiant, but whom affiant can identify
when occasion permits, Informed at
liant that no conversation could be had
between affiant and said Fuchino with |
ut a police officer being present at |
aid conversation; that afiant did not I
onsider it right to discuss with said
Fuchino matters relating to his said /
Iefense In the present of third per-
on, who would thereupon be enabled |
o report to the Attorney General, his
equities or assistants, the confidential
communications between affiant and his
aid client; and affiant thereupon was
to terminate the interview
With his said client without having had /
n opportunity to discuss with him
aatters relating to the said defense;
hat affiant has used every effort in
lis power to expedite the trial on said.
but affiant is unable to pro-
eed with the trial of the above en-
tiled action without having had an OPP
to discuss with his clients
heir defense; that the said Fuchino /
nd the said Kawakami are two de-
endants in said Indictment for riot,
gainst whom the most serious charges |
ave been made, and affiant believes it |
to present to this honorable I
curt in proper manner the defense !.
f said Fuchino and said Kawakami I
ntil he has had an opportunity to dis |
uss said defense with them;
hat affiant was unable to dis
uss said defense with said Fuchino /
nd said Kawakani on Friday, the End
lay of July aforesaid, for the reason
hat affiant was fatigued and desired /
short rest, and affiant was unable to
iscuss the matters pertaining to said
License on Saturday, the 3rd day OF
-uly, by reason of the fact that he was
nable on said last mentioned day to /
ecure the services of a suitable inter-
reter for that purpose.
"EThat this affidavit is written at
he hour of 10 p. m. on Monday, the
tn day of July, 1909, and that at this
our the said Fuchino and the said
lawakami are still confined in prison
$ aforesaid and no charge has been
against them so that they
an be released on bail.
- And further affiant saveth mott