The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-06-22
De Bolt Summarizes.

LIZ Dull olllu1lldI1ZeS.
Attorney Prosser, representing the
Attorney General, stated that the men
should be required to furnish addi-
tional bonds and intimated that they
might find it profitable to leave the
country under the accumulation of
charges against them.
Lightfoot insisted that there was no
reason for such an assumption upon
the part of the prosecution. insisting
that his clients were dependable citi-
zens who could be relied upon to an
swer their accusers in court.
In reaching the conclusion that $1,000
bonds were about right Judge De Bolt
entered into a general summary of the
situation. His decision that $1,000
bond was the proper figure was later
modified by a reduction to $40O,
on the representations of Lightfoot,
who pointed out that the charge of
conspiracy to commit assault and bat.
terry was a third degree offense and a
misdemeanOr.
In the course of his remarks Judge
De Bolt said
cit strikes me that the seriousness
of the charge would not justify the
court in allowing them to go without
reasonable bond. However, we must
not forget that these people are en-
titled to exactly the same rights as
all other persons. l wish that to be
understood at the very beginning of
the trial and to prevail throughout.
There may be more or less feeling
brought about by these arrests ana
the various charges made under pres
ent circumstances, but there is a duty
that devolves upon the prosecution
very important one-as well as upon
the court, to deal with these Japa,
nese in a way that they will be made
to feel and know that in an Amer
lean court they can get justice, and
such justice as will punish the guilty
according to the crime committed, and
which will allow the innocent to go
free. All persons must, however, re.
spect and obey the law.
"WiI Have Justice"
"No person, no matter what his ma
tionality may be, should feel that by
reason of his nationality or by reason
of his position in life, or by reason of
any peculiar circumstances attending
him, that that has anything to do with
the hearing and trial of his case in
court. The law knows no man; it
knows no race, color or creed and we
can only deal with these japanese as
we would with any nationality. We
look upon them as units, each as a man.
We don't know his nationality as far
as the law is concerned.
lit may be unnecessary for me to
say, but l would suggest that the
prosecution should prosecute vigorous.
ly and properly, presenting all the evil
dence they have, and presenting it
with all the force they can possibly
present it and the defendants have
the same right to present vigorous
and proper defense, but let it all be
tempered with justice. common sense
and reason, and let these people, be.
ing citizens or subjects of another ma.
tion, feel that though they are in a
foreign court they will have justice. Z"
In the eases of j. Mikawa and
eleven other Japanese indicted for riot
at Waipahu in connection with an at
tempt TO rescue a prisoner from Po'
lieeman Wills, continuances were grant.
ed until Monday, the bonds of $3.50 al
| ready given being considered sufficient
by the prosecution.
Before Circuit Judge Whitney nolle
prosequis were entered in the cases
against number of Japanese who were
brought before the court previous 10
the indictments having been found by
the Grand Jury The charges for
which nolle prosequls We're entered
were against Milsunaga and two 9th
er for eonspiraeyi Miyauehi aud
eleven for riot and sugawara for as
sault aud battery,