The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-06-14
CONTINUED from Page One.)

and he was within his rights to tell
the men to go away, but he did not
understand that an attorney had the
right to physically assist Lightfoot
objected to the statement, although
admitting the truth of it, but Mr. Kin
ney said he desired merely to have the
fact recorded.
1T is proper for me at this time"
said Mr. Kinney, to call the attention
Of the court to what has TRANSFERRED
If any trouble comes to Mr.. Light
foot as a result of this I don't want
him to come into court and claim any
Interior motive. This is the first time
in my experience that I have ever
known an attorney to do anything of
this kind
Il don't care continental for your
threats" interposed Lightfoot. This
concluded the presentation of Mr..
Lightfoots participation in the release
of the prisoners and their arrest.
whereupon High Sheriff Henry stepped
forward and notified the court that
1.-The rioters and censpirators are
here
Penalty Is Five Years.
OhuSC WhllhCy III iCOhlIR over the
warrant of arrest for the rioters stated
that it was a crime punishable with
not more than five years imprison-
ment or with a thousand dollar fine,
and that conspiracy to commit murder
was punishable by a sentence of not
more than 10 years imprisonment with
a thousand dollar fine also.
Mr.. Lightfoot informed the court
that the prisoners were laborers and
bail should not be so excessive that
they could have no opportunity of
furnishing it to procure their release
from custody.
Low Bail Is Ridiculous
Judge Whitney in setting bail said:
II have little sympathy with the prop
osition that bail be put at the ridicu-
lously low figure that has sometimes
prevailed" The court added that Mr.
Lightfoots plea had some virtue in it
and he set bail at $3.50 each for both
rioters and conspirators.
That ended the proceedings and
court was adjourned until this morn
ing, while the defendants We're taken
back to Oahu Prison.
Sunday Morning Court.
The unusual spectacle of a Circuit
Court holding 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
on hand promptly, as well as the court
attaches and interested parties. Ma
kino was in court as a spectator.
The court had barely opened when
Mr.. Lightfoot, who appeared trife
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. -
He then moved that the order hereto
fore made on June u 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 a man S 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.
est 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 9 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.
It is suggested that when [ make this
motion am 'maudlin.
cit NAV be that I have no right to
talk about the Constitution of the Uni
ted States, but these people have
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. L
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
maudlin'' waste of time to discuss
| Mr.. Lightfoot s 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
1 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
i the 500 japanese who were there that
night. - said Mr.. Kinney, ''or 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
! was