The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-07-16
KINNEY BEGINS
HIS ARGUMENT
Verdict in the Japanese Riot
Trial Is Expected
Tomorrow.

In language that marshaled the facts
in conclusive way Attorney W. A.
Kinney for the prosecution began his
argument before the jury in the riot
case in Judge Robinson s department
of the Circuit Court yesterday after
noon. The exact nature of the riotous
gathering at Waipahu on June was
dwelt upon at length by Mr.. Kinney,
and he declared that the issue involved
in the case was whether the law Of the
Territory was to be upheld and en-.
forced to the ends of justice or be
trampled under foot with IMMUNITY by
alien laborers.
Mr.. Kinney interpreted riot as de-
fined by the statute and he pointed
to the famous Gordon riots in London
as an instance of what lengths a mob
may go even though they first gather
for lawful purpose.
"Does any sensible man believe that
there was not riot at Waipahu on
June 80 asked Mr.. Kinney and he
proceeded to show that even in the
course of their examination in court the
ten defendant Japanese had shown a
contmpt for the law by refusing to
throw any light on the identity of the
other laborers who were with them at
the time of the trouble.
Mr.. Kinney showed that the attack
upon Police Officers Wills and Scoville
was in the nature of an assault and
showed with inality that the laborers
in the gathering had absolutely no re-
gard for the supremacy of the law as
represented by the officers. He declar
ed that the officers were penned up
like sheep in the offices of the Wal
pahu branch of the Higher Wage Asso.
citation and that they were forced there
by the superior numbers and belliger,
ent attitude of the mob.
Yielded for Peace.
ga police officer of this Territory
is not called upon to yield to any man
or any set of men, said Mr.. Kinney,
''but these men yielded in the interests
of peace for if they had done that
which was well within their right,
bloodshed would have surely followed
and they would probably have been
sacrificed.
MIR. Scoville, who acted as a special
officer during the trouble at the plan,
tation, received special commentator
at the hands of Mr.. Kinney and Police
Officer Wills was also commended for
his attention to duty and determination
to enforce the law
Mr.. Kinney stated that he could not
see how the defense could prevail be-
fore any jury in the Territory when it
was plainly evident that the gathering
was riotous and that those identified
with it had no intention of acting in
accordance with the laws of the Terri
tory.
Mr.. Kinney declared that he had no
intention of maintaining that there
should be one form of justice for citi-
zens and another for aliens, but he did
insist that aliens were bound to con.
form to the customs and laws of the
country.
The contention of the defense that
the gathering at Waipahu on June s
was orderly and that even when the
warning shot was fred in the air by
the officers no excitement followed
among the japanese, was ridiculed by
Mr.. Kinney and he declared that such
contention was at variance with even
passing idea of the actions of human
being in times of excitement.
In the rebuttal yesterday morning
Manager Bull of Oahu Plantation, Mr..
Scoville and Chester Doyle were placed
on the stand. Attorney Prosser also
testifying to the nature of the examin-
alton of the defendants on their arrest.
In the course of the discussion yes