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

rabid desire for trial and vindica-
tion. | certainly object. The call has
been made for showdown and n
speedy trial. We want 1t, now that Il
has been called for. In the matter Of
Mr.. Sega Is case, long plea was pre-.
scented to the court, begging for time,
not to force defendant to 90 TO trial
now, and it was allowed, and the case
went over until the fall. didn Z think
there was any merit in it, but IL was
allowed. Evidently that courtesy and
consideration was construed into fear
ON our part of going to trial. Now we
object to any week continuance on
this charge. 1t is not a matter of in.
dictment at all; ii is merely charge,
and the man gets hearing or he can
avoid a hearing here by demanding n
jury, whereupon the matter will go to
an indictment. We agree to reason
able time, and we leave il to the court
to say what is reasonable time, con.
tending that n week is absolutely un.
reasonable.
Mr.. Lightfoot.-Learned counsel has
said that this didn t look like demand
for speedy trial. Now, when the
charge was being read, doubt if your
Honor, accustomed as you are to follow
strictly legal documents, could fully
grasp the whole of the charge. l have
had some experience, very small expert
enee in that respect, and / must say
that / have at the present time only a
| general view of the charge that is now
made against us. Now, wherein does
this charge differ from any other
charged Suppose, for instance, that a
charge of murder is preferred against
my clients. Now, especially il the al
| legations of the charge or the indict-
ment are somewhat intricate, for want
of better word, would il show any
desire to postpone indefinitely the trial
of a case because i asked for time to
look at the Indictment Ism u it a thing
that is done every dayi
/ repeat, as we said in our applica-
ton for a continuance in the Sega case,
we do not believe that at this time we
could get fair jury trial, and we APP
piled then for postponement of the
case to the next term, and | supposed
that the learned counsel on the other
side felt the justice of the demand and
by consent, l think, the matter went
over to the September term. Now
what is to be gained by this hurry
which is now evidencedi / have been
in court in all these various proceed
ings for habeas corpus and the fixing
| of bail, ETC., and so on, and if any
thing has been said on my part that /
did not believe that they would prose
cute their charges or indictment to
final determination, / haven u heard il
/ must have been asleep then. / may
be at liberty to state that the other
day Mr.. Kinney asked me if | should
insist upon an early hearing on these
charges, and my answer was noncom.
initial; / couldn t say whether we
should do that or whether we should
ask for postponement, asking Mr.
Kinney if he himself did not think
that it would be better for all parties
concerned to have the matter post
poned from time when, apparently
there is great excitement and great
public feeling arisen out of the matters
of these strikes.
There is another matter that / would
urge on your Honor, and 1 suppose il
might have some weight in my applica
ton for n continuance; it is this: YOU
Honor will take judicial notice of the
records, of all the records of this court
and will find that there have been sew
eral charges, indictments, etc, preferred
against people who are connected
with the higher wage movement, as it is
generally known. Now, in those cases
and all of them, / have appeared for
the defendants. For the prosecution
there have appeared the Attorney
General and his deputy, Mr.. Sutton, and
Mr.. Kinney, and Judge Ballou, Mr.
Prosser, Mr.. Anderson, and ] know not
if they have not had other brief clerk
or clerks working on the thing. Now
i submit, may it please the court, that
in view of that fact, | ought not to b,
hurried to trial. They, of course, car
bring their enormous force to bear, caI
easily prepare and present thing
properly TO your Honor, whereas /, be
ing single handed, can not work witt
the same quickness, and so | submit
that the request to have the hearing
on the charge continued for one week
is not only not unreasonable, but ii il
exceedingly reasonable
Mr.. Kinney.-May it please the court
these men were straining AT the least
for a hearing, as ! understood it, may
be mistaken, and for an opportunity t.
vindicate themselves and to show thai
this prosecution simply represents tho
Interior motives of capitalists bringing
pressure to bear upon the government
i want to give defendants an early dag
to vindicate themselves, and we. are
ready tomorrow mt two O'Clock to e,
right into the facts before an impartia
judge without intervention of "A jury
and if defendants have been clean, hon
est and square in their methods an'
that is established in this court, the,
will go out of this courtroom vindicated
and | give them that opportunity RICH
here and now, beginning at two o'clocl
tomorrow
Mr.. Lightfoot-Th best way, ma,
ii please the court, as ii seems to us, Il
show that the defendants are clean an,
honest and vindicated before the eye
of all honest men, is TO properly pre-
pare for trial. / believe many an in
nocent man has been convicted on ac
count of the Incidence or ignorance Of
their counsel.
The Court.-They will not accuse yol
Of Incidence and lack of intelligence
Mr. Lightfoot.-O, yes, Of course
your Honor, Your Honor is mistaken
you must pardon me for dlfferinl