The Hawaiian gazette., 1909-08-20
ntil thnr 90 hlue in the face.

/
until they 90 blue in the face.
"when after sitting in this box for
many days while the jurors were beingN
selected. you were sworn, it was to try
this case according to the law and the
evidence. asked you, DO you come to
this case without any prejudice2 and
YOU all said, Yes i asked you If you
had any prejudice against the Japa-
nese, and you all said, NO. Now,
it is perhaps natural for those of us
who are of different race to think
we are superior to a japanese. We
have all heard people say, He's only a
Jap; stick the Jap On your word
of honor you promised to try this case
| according to the law and the evidence.
/ ask you to try this case according
to your OATH according to your word
of honor. That's all we can ask of
you. You must take the law as His
Honor gives it to you from the bench.
And you must take the facts as you
hear them from the stand.
Cut 1t out.
GIN the early part Of the trial His
| Honor cautioned you not to read the
newspapers. But as business men youf
have undoubtedly read the newspapers
And inadvertently you have perhaps
read accounts of this trial written per
haps by reporters, perhaps by others
Cut it all out. 1t may be that highly
colored views of the trial have beer
published by the other side. We could
MT do that; we haven u any newspape1
to go to. Don't let that influence you
"Some regrettable things have oc
Cured; things which these defendants
regret as much as anybody else. Don I
let that influence you. Cut it all out
"During this trial there have been
several regrettable personalities indulg1
ed in by counsel. That is the result !
of the long strain. Don't let that in I
fiuence you. 1t may be fact that
am an Englishman, that I was trained
for the church, that I am skypilot
Don't let that influence you. To borI
row an expression from Mr.. Kinney
Don't let herring be drawn across
the trail.
The Herring Scent.
"You know you are trying these fou
men for conspiracy. Don't forget that
Don't go off and think you are trying
them for assault and battery. Don
, let Mr.. Kinney draw a herring acros5
the track. Find out what the charge
is and stick to that. Now, what is thl|
chargee First of all, it is complaint
not an indictment. Perhaps the pros
ecution didn't want to trust a grand
jury of the Territory. Perhaps theJ
, wanted to hurry this case to trial durb
, ing the summer months when jury
! trials are not held. Now, let IS read
: the complaint
, Mr.. Lightfoot read the complaint
: with nterpellations-to the effect that
the defendants conspired with othe}
PERSONS these other persons are likd
Banquo's ghost-no, they're not likd
; Banquo's ghost, for Banguo's ghost did
/. show up occasionally and these perl
:. sons never have. Perhaps the prose|
/ cution didn't have time to find thd
ghosts; We'll have to excuse the prose
n cution.
t Cutting out the talkee.talkee busi|
: ness, we have it that these four med
: did combine with themselves and thd
a ghosts to prevent the plantations from
: carrying on their business. That's thd
: charge. You are not trying them fol
r assault and battery or for riot. You
are trying them for combining TO prel
vent the plantations from carrying on
their business. You are not tryina
them on the charge of organizing ar1
army or of trying to get an increasd
of forty-four per cent. in their wages
or of setting up a government within
a government That's not the CHARGE
. We are trying these people for mul
: tually conspiring together. Now tho
mplnS-tlrl1 81
saults and batteries on all Japanese
who refused to go in with them. \
The Plantations-'Them to impoverl
. ISM, Holy Smoke Them to impov1
!. ISM These four men-iust look al
e them. They're going to impoverisf
hve sugar plantations! Oahu Sugar
z, company paying two per cent. month
5 on capital that has been four times
:, watered' Them to impoverish!' =
Mr.. Kinney's Law.
a "Above all things, don't go on the
! law as laid down by Mr.. Kinney. fol
u 1t ism t the law. He gave you an illus
+, tration." Mr.. Lightfoot referred t.
4 the example of conspiracy cited by
Kinney in his speech,-a case where
q certain anarchists were being imported
y into the United States. "And thew n,
n importing them here as fast as the,
If can, and don't you forget it," inter
\ peilated the speaker. He gave the iur,
his definition of conspiracy, which diff
fered radically from the definition civ
en- by Mr.. Kinney. ''There must b,
e the feature of mutuality," he said.
e "Mr Kinney is a good LAWYER: h,
lie has practiced at this bar for 25 wears
II he is familiar with conspiracy trials
II And when he cites to you what h
e. knows is not the law, he does it witt
u the intent of dragging herring acros
II the track.
u "Mr. Kinney told you these men ar
n, charged with doing lawful thing, t.
ID wit; getting an increase of wages. il
s an unlawful way. Are theyY Ar
u they9 The charge 7 have read to VOL
r does not charge these defendants wit
....s..