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

The unusual spectacle of a Circuit
Court holding a session on Sunday
morning appealed to all those who at.
tended the session in Judge Whitney IS
court yesterday. Nearly score of
japanese who have been held under
investigation since the Waipahu riot on
June s were produced in court by High
Sheriff Henry and the attorneys were
attaches and interested parties. Ma
kino was in court as a spectator.
The court had barely opened when
Mr.. Lightfoot, who appeared n trifle
nervous, objected TO making any re-
marks until all whispering had ceased,
referring to Attorneys Kinney and
Prosser, handling the prosecution of
the cases. Then when Mr.. Kinney ex-
cused himself to the court and went out
in the hall, Mr.. Lightfoot remarked:
cit is an outrage and should not be
permitted; Mr.. Kinney wants to go out
and says excuse me- and goes out. I"
He then moved that the order hereto.
fore made on June ~ be set aside
or that the writ be discharged.
Breckons Has Some.
Just at this moment Mr.. Kinney
came in and Mr.. Lightfoot made anoth-
er remark about noise, whereupon Mr..
Kinney retorted with a remark about
"results of mans Saturday night
cups. Mr.. Lightfoot proceeded to
enumerate his reasons for having the
writ discharged on the ground that the
prisoners were arrested on the 9th and
one of them on the 10th, and afterwards
they were released and rearrested and
were remanded until yesterday morning
to appear in court for the purpose of
having bail fixed for those that were
not to be weeded out and released.
cit appears that that stipulation en-
tered into by counsel was made with
mental reservations, said Mr.. Light
foot, "for we come in this morning and
find that we have had continuance
until O'Clock only for the purpose
of getting these men arrested under
some other charge, or have them passed
under the jurisdiction of Mr. Breckons.
1t is suggested that when / make this
motion am 'maudlin.
"It may be that1 have no right to
talk about the Constitution of the Uni
ted States, but these people have a
right under that Constitution. This is
trick! A trick to beguile and fool
your honor and me and all these men
The court should not stand for it. |
did not expect when ] came into this
court to be fooled and tricked, but l
thought the order discharging the writ
should be set aside
Story of the Riot.
Attorney Kinney thought it was a
"maudlin waste of time to discuss
Mr.. Lightfoot g objections. There was
no pledge that he knew of and he was
sure that the men were not immune
for any acts they may have committed.
These men were known to be present
when this act of rioting was commit
ted. Since Saturday, when the case
was continued, he had sent to Waipahu
and had all the witnesses> brought to
town and they had looked over the
prisoners and identified those who were
present during the riot.
"We cannot get any evidence from
the 500 japanese who were there that
night said Mr.. Kinney, cor to tell
what they saw. We sent to Waipahu
and got Mr.. Spillner, his son. Mr..
Scoville and others who saw the affair
Last night we retOok the statements
of the men, identifying them, and -four
or five were discharged Every man
that is to be charged with riot was
identified unqualifedly by one and
sometimes two and three Of these men,
| The men that are here can be discharg
ed and rearrested outside the building
These men have been treated fairly and
squarely. They are the ones who sur
rounded the police officer the night OF
the riot and held him and his prisoner
until other officers arrived from the
city to rescue him and get him OUT
| they threw stones at other officers.
eff that is to 60 on what are we
to dot At what point Of inaction will
the government be free from the crit
icism of the defense2
Evidently he thinks that he is be
ing tricked if these men are not turned
loose and lose their identity among the
three thousand other japanese from the
plantations. / understand this matter
was left open for the very purpose fol
which we have come into court.
"There are thousands of other citi
zens here who have rights in this com
munity aud whose welfare is also com
mitted TO the vigilance Of police Of
fcers."
Where Is Hotta7
Mr.. Kinney later on referred to the
low bail which the defense wanted. He
inquired about Hoita, whom he said
was with Fred Maxine in AN auto, with
Maxine, "that lover Of the public
peace" Mr., Kinney said be under
stood that Maxine had expressed
regrets that his followers should have
misunderstood him. ~ now give pub
lie notice that any Information Of Mr.
lloita will be received with pleasure
aud Mr. Kinney beamed upon Fred Ma
kino,
AZ this time Mr. kinney aud The
High sherlfi began 90 seBTegale The
prisoners INTO three groups, respective
" lahelled 'ifi0teIs, y lfonspifatoTs,
and 'igamhlsrs, lAege belng llTse 0l
fouF ~ the latter, Fuiikawa, well
hpown 10 police eirelst, bong The foIe
most
Nghtfo0t't Molion Denied
M iAghifnqi aiked fNr a nlipg ei
be malion 10 disehAEgr lle efll ena
ihe eupn dfnipd ne Sans M Kin
npy lhfp announced ihhi ho bad MAJ
Iani fQI lhr aIfffi AZ , pumbfl "a lhs