The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-08-06
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tFrom thursdays Advertiserl

injected into the conspiracy trial an
element of bitterness which was not
apparent before. The resumption yes.
terday morning of the trial was marked
by constant pickering between the op.
posing attorneys, remarks and side re-
marks calculated to sting and rankle,
and, before the session of the day end
ed, by venomous accusations by Kinney
and Lightfoot against each other.
Lightfoot, who is an adept at get
ting before the jury in form other tnan
evidence facts which have been ruled
out of evidence by the judge, asked
Negoro, the witness on the stand, a
question concerning the papers which
"were stolen from his room by the ter
ritoral authorities.
Kinney promptly went up in the air
and objected vigorously to the remark
made by counsel. He said that all evi.
denee concerning the manner in which
the papers referred to had been obtain.
ed had been ruled out by the judge,
yet Lightfoot persisted in referring to
the matter in the presence of the jury.
This, proclaimed Kinney, lis
fair sample of counsel's disposition. ~
Before Kinney had fairly started to
speak, Lightfoot was on his feet. :" Mr.,
Kinney he said, ''has admitted that
this man s room was burglarized by the
authorities and the papers stolen by
them
~ object to any such statements by
counsel for the defense" exclaimed
Kinney. "His attitude here shows what
kind of a man he is His disposition
is such that when the law steps in and
intervenes to get evidence of crime,
he looks upon it as burglary. He is al
WAYS on the side of lawlessness. He
is never seen on any other side. J."
Kinney then went on to say that the
seizure of Negoro' s papers was the same
sort of an act as the seizure by the
police of che fla chips in a gambling
raid. cit is simply the disorderly
spirit of this individual referring to
Lightfoot which prompts him to char
acterize the taking of Negoro S papers
as theft. ~
81 submit retorted Lightfoot,
"that there is no law which permits the
seizure of a man s papers without
search warrant. There is no resem-
blance between that and the seizure Of
those che ia chips That was done in
New York under a law which makes it.
illegal to have gambling devices in
one IS possession, and, besides, they were
seized under a search warrant.
Official Burglary.
Snow. it is admitted by counsel for
the prosecution, that there was burg.
larry. There is not any law in this
or any civilized country that warrants
any such proceeding. 1t is not the law,
that the Territory--of Hawaii, without
even the sign of search warrant, can
come to my house and break it open
because of the suspicion that there IS
evidence of crime there There is only
one legal way to do it; that is by
search warrant. 1t shows great assur'
ance on the part of counsel to claim
otherwise Although, under the ruling
of Your Honor-and | must admit that
under the law.it was a proper ruling
8 the papers have been received IN evil
dence, that does not prove that crime
& has not been committed.
Remarks Improper.
Kinney attempted to reply but was
E shut off by the judge, who said that
4 he did not care to hear any more about
s the matter. Judge De Bolt, turning to
4 the jury, informed them that they were
s to disregard the matter OF how the
e papers were obtained from Negoro.
Lightfoot S reference to burglary His
Honor characterized as entirely i'm.
nroper because the court had already
! barred out all evidence as to how the
4 naners were obtained. Lightfoot, how.
ever had Gained his point; he had sue
ceeded in placing the matter before
i tbe iurv, knowing it would have its
effects, even though the Judge ruled 1t
ont
Earlier in the session Negoro called
down the wrath of the court upon his
head because he persisted in TRYING to
give hearsay evidence. He has been
Cautioned about this time and again,
Int apparently without effect, for on
5 every POSSIBLE occasion he tries to work
in what he has heard others say. He is
equally skillful at trying TO argue the
case in the presence of the jury Even
his own attorney has frequently to re-
4 lid hin, +bat ba mist stick to his