Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-08-12

said Lightfoot. But he was
overruled by the Judge, and
Kinney allowed to go ahead in
HIS OWN WAY"
The foregoing insinuation against
the rulings of the court are so CO.
verify put that Editor Smith could,
with a very fair face. open his eyes
In wonder at the suggested motive
In the foregoing statements. Never
theless the good faith and the fair
ness of the rulings of the Judge of
that Court were smudged, or at
tempted to be smudged. in the very
issue of the paper where Editor
Smith is declaiming again that trials
must proceed fairly and must not be
tried out in the newspapers.
Why should the prosecution In
the riot case, for instance, have
wanted to try its case outside Of
the courts?
1t had perfect case, universally
so conceded. 1t had no occasion to
go outside.
But after three weeks careful
trial the prosecution finds that this
case was not turning upon the evil
dence adduced in court, BUT WAS
BEING TRIED ON THE CURB
STONES BY WHISPERINGS AND
BY INSTNUATIONS, and the decla-
.1ation and shouting of the jurors at
times In the jury room was SO loud
that IL became manifest from the
lips Of the jurors themselves that
the issue was being determined upon
animus and bias against plantations.
The jurors forgot that II a man
talks loud enough his voice can be
heard even through closed doors,
and they were known to have shout
ed ITO hell with the plantations"
etc, In an argument where, upon
the law and the evidence, there was
no escape from a verdict Of guilty.
The prosecution, unquestionably,
in the conspiracy case now on trial
would be only too glad to be allowed
to try that case strictly upon the
law and the evidence. free from all
newspaper interference, but is 1t going
to be allowed to do so? Is NOT A
STAB HERE AND AN INSINUA-
TON THERE GOING TO BE KEPT
UP BY MEN FIRING FROM COVER.
If so there is no way left but to
have 1t out with these gentlemen, at
least suCiently to drive them into
the open so that 1t can be known
who is who and where matters
stand
Let us quote again to Editor
Smith the words in his editorial Of
August 4th:
Perhaps II will be consola-
ton to Editor Sheba, whatever
the result OF his wounds may
be, to know that the crime has
brought the people into more
serious mood about, the posi-
tilities Of the Japanese labor
agitation. A large number OF
citizens had thought that the
strike leaders were being per-
secuted. Sympathy for them had
grown up in quarters where
more impartial view might well
have been looked for. There
was danger that the law
would fare badly at the hands
of those who have soft side
for the weak when they are at
odds with the strong. All these
things work for longer strike
and more violence and delay
in, IL not perversion Of, the
natural course of Justice"
This is the confession of the edi-
tor of the Advertiser made on Aug
ust 4, that for some time he knew
that the law was likely to fare bad
ly; that large number of citizens
thought that the strike leaders were
being prosecuted, and that this
spirit, having its way and manifest
ing itself in the trials before the
courts, would work for longer
strike, and more violence and a de-
lay in, II not perversion Of, the
natural course of justice.
What has the editor of the Adver'
tiser done to check this dangerous
and, as he admits, unwarranted con-
dition of mind.
His single plea, repeated again
| and again, is II wanted fair trial"
Are We going to have fair trials
with that spirit at large?
ARE VERDICTS GOING TO BE
RENDERED ACCORDING TO THE
LAW AND THE EVIDENCE. BY
CITIZENS, WHERE LARGE NUM-
RERS or CITIZENS HAVE THESE