The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-08-13
CONS P|R AC !
TRIAL NEAR
ITS END
Defense Will Probably
Close Its Case
Today.

It was a calm. peaceful and good
natured crowd that surrounded special
officer Scoville and officer Wills at Wal
pahu on the twelfth of June, the time
OF the alleged riot-according to the
testimony given yesterday morning by
Miauchi. one Of the witnesses for the
defense IN the conspiracy trial and one
Of the men arrested by the authorities
for completely in the Waipahu riot.
Niauehi was very assured witness.
He was confident that nothing was
done at Waipahn that could possibly be
construed as riot No sticks and stones
were thrown. no threats were made, the
officers were not imprisoned in the
headquarters Of the Waipahu Higher
Wage Association. Officer Wills was
not told he had better go back to Ho-
nolulu or he would be killed. Nothing
OF that kind occurred. There was just
a calm, peaceful, good natured crowd
present.
If any fault could be found with
Miauehi g testimony, it is that he was
too ready a witness; he was too self
assured. too ready with his answers
His testimony was entirely too favor
able 10 the case of the defense.
special Prosecutor Kinney appeared
Yesterday TO have taken a hint from
eyr,ar7ence and advice and his attacks
on the personal character of attorney
Lightfoot were so infrequent as to
be practically negligible. Some one
has. it seems, dropped q bug in his
ear-to use an ancient expression
and he has concluded that personal at
taeks On the attorney who is opposing
N are not liable to influence the jury
10 bring III a verdict Of guilty. The
fact, that seemed for time TO have
been LOST sight Of, that the verdict OF
the Jury Is supposed to be governed
bv the law and the evidence rather
than bv anv considerations of the per
sonal characteristics and character OF
the attorneys who are trying the case,
has aruarentlv been remembered once
more. and the court session OF yester-
dav was on the whole so calm and
peaceful as TO be almost uninterestlng
Lightfoot : objections still continue
In be overruled with monotonous regu-
1ari+v. Without expressing any sus-
picion that Judge De Bolt is not strict
" within the law IN his rulings, as OF
course ne Is. the regularity with which
he rules against the defense IS per
hans liable TO influence the jury. This
is all the more the case in that the
prosecution. having no appeal IN case
Il loses. has no reason Tor directing so
often. and none at all for taking ex-
eeptions when sucb objections as are
made are overruled. Laghtfoot S null
fitudious objections and exceptions are,
of course, IN large part to form the
basis Of an appeal on exceptions IN
case OF a possible verdict against his
clients. q contingency of which he is
not at all apprebensive.
The cross examination Of Editor Sega
was resumed when court convened IN
the morning, and continued along the
same lines as on the oay before. with
practically the same results: Sega de
MED that anything he had said or
written was intended TO be taken IN
the sense Of advocating or eountenane-
ing physical violence.
Kinney Calls Lightfoos.
When kinney finished with the wit
ness. Lightfoo1 took him again for re-
direct examination. Lightfoot had
dared Kinney 10 put into evidence the
Indictment Of Sega as a disorderly per
son. which was returned by the grand
iurv several months ago. Kinney took
the dare and read the Indictment TO the
jury
When Lightfoot began his redirect
examination OF the witness, he gave
him a cepv Of the Indictment and ques-
toned him On the meaning Of the ex-
tracts from tbe Nlppu Jiji, upon which
the indictment IS based
The testimony was largely along the
line OF rhe meaning conveyed 10 the
japanese mind BY the extravagant Ian
enage used in the articles. Lightfoor
read the extract IN which occurs the
prophecy, that torrents Of iron fists
viii descend upon your heads - Kinney
interrupted 10 claim that Lightfoot had
left something ont
Lightfoot Not Guilty.
- don't do those things, Mr. Kin
new responded Lightfoot; - leave
that for tie prosecution. don't play
ar your game -
kinney insisted that Lightfoos had
not read ali OF the sentence and lis
context. referring back to a sentence
that preceded the one the attorney for
the defense had read.
Il would sooner break stones On the
road than practice law in that way, Mr..
Kinney, = retorted Lightfoot. . don I
fellow the example Of the prosecution
ana read half a sentence and leave the
other ha3t unread
Judge De Bolt called the attorneys
TO order and the witness replied 10 the
question asked him. He said the sen
tence did NOT mean that iron fists would
actually descend On the head Of Sheba,
but that il was the Hawaii Shinpo that
was referred 10.
Lightfoot read another extract from
the Indictment. n which the grand jury
accused sega Of having written. '.Oh,
low I wish 70 resort 10 violence. He
showed sega the original anu asked him
Il ANYTHING Of that nature appeared II