The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-08-14
| " Ed 7 D R
Continued from Page One.)

tCOnunued from rage One.
unnecessary by the efforts of his learn
ed assistant. In fact, he spent less
than two minutes in the room during
the entire morning.
The prosecution scored one important
point when the judge allowed the mo-
tion of Kinney to be permitted to go
back on a stipulation made with coun-
sci for the defense in open court a
few days ago. At the time Negoro
was on the stand Lightfoot tried to
show by his testimony that the Shinpo,
the Chronicle and Jiyu at various
times used the same words that appear
to form the basis of the case for the
prosecution = taiI'', bokumetzu -,
and the other words and expressions
which the prosecution contends were
intended to incite the laborers to yio-
lence. Lightfoot stated at the time
that he proposed to show by the way
they were used in the other papers
that they are words frequently and in
nocently used by the japanese and
that they are used often in a figura-
tive rather than a literal sense.
At that time he was unable to pro-
duce the papers with the. passages
marked, and on his own motion Kin
ney was allowed to take the witness
for cross examination, with the express
understanding that Lightfoot might put
him on the stand again for redirect ex-
animation when he should have found
the papers. Kinney even offered then
to assist the defense in getting the
papers, providing they could not be
found among the exhibits.
Yesterday, toward the close of the
session, Lightfoot offered to put Ne
goro on the stand again to give his
testimony in this regard as per the
stipulation. Kinney promptly object
ed, on the ground that such evidence
would not be proper. And the Judge
upheld his objection, saying he did
not see how the offer could be ac-
eepted, and he would not accept it.
Judge De Bolt explained that he had
not clearly understood the matter be-
fore Lightfoot, of course, took his ex-
ception.
Miauchi mistaken.
When the court convened, the cross
examination of Miauchi was resumed
by Kinney, whose efforts were mainly
devoted to making the witness weaken
on his testimony on direct. In this,
however, he was not at all successful,
Miauchi sticking closely to his former
story. He has been over it often
enough to know it pretty thoroughly,
anyway, having been a witness in the
riot trial, where he gave practically the
same evidence as he has in the con-
spiracy trial.
Kinney questioned the witness close
iy in regard to the various collections
which were taken up at Waipahu for
the strike fund There We're two of
these, Miauchi testified. The second
was taken up after the strike was call
ed, and was an assessment of $3.50 for
each man.
p fDid Shimizu pay dollar and
half?" asked the eross-examiner (Shi-
mizu is the interpreter who was in
the bad graces of the strikers and who
was listed as a sycOphant.)
f'Shimizu paid three dollars re-
piled the witness.
"Ahd he would have been glad to
pay twenty-three dollars to square him
self with you, wouldn t he?H
Lightfoot objected to the question
and it was withdrawn.
'|Did the twenty sycophants pay
dollar and half a piece?'
" Yes, they paid. They were paying
so they could eat. -
elf any man didn t want to pay, You
could have forced him to do so by a
frown or by fumbling one of those
sycophant tickets. couldn t you?''
The question was ruled out on Light
foot : objection
"Did Shimizu show his nose at the
kitchen door7'
"FWe object to the nose, said Light,
foot. "We must confne ourselves to
the literal meaning of words''
"Did every japanese merchant paw
up2' questioned Kinney.
eyes, they all paid
"Did any hold back, or did they all
pay as soon as YOU showed your facet"
"They all came to me. While I was
in Waipahu I did not ask a single man