The Hawaiian gazette., 1909-08-17
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CHRUnILLtS
CASt
cFrom saturdav,s Advertlserl

to the jury about the middle of next
week. Unless the evidence to be in
troduced by the prosecution in rebuttal
takes longer than is now anticipated,
the argument will begin about next
Tuesday. or at least, Wednesday, In
all probability at least three days will
be consumed in argument, which should
send the case to the jury Thursday or
Friday.
Yesterday was a round for the de-
fense, which scored several good points
ON the testimony of the two witnesses
examined. The testimony however,
was principally IN the nature of cor.
roboration of that given by former
witnesses, being chiefly along the line
of statements to the effect that there
was no connection between the Homo
lulu Higher Wage Association and the
associations of the plantations-Aiea,
Kahuku, Waipahu and others. The
idea of this, of course, is to prove
that the incidents of the strike upon
which the prosecution bases it's hopes
were not the result of any preconceiv.
ed plan on the part of the defendants
but were actions taken independently
by the several separate organizations.
Attorney Kinney appears to be IN
more chastened spirit than he was
some days ago and is much milder in
his manner and less openly contemptu.
Gus of his opponent than formerly.
There were no pyrotechnics yesterday
| and the proceedings were on the whole
tame and unexciting
The Bullptin WAS reDreSpntod in
court by its able law editor, who, how
ever, was working at disadvantage
because of the necessity of paying
some little attention to his duties as
| Junior counsel for the prosecution.
What with taking notes for the argu-
ment to the jury, running errands for
his chief, Attorney Kinney, and writ
| ing n running story of the court pro-
ceedings for the Bulletin, he was
fairly busy man for time until the
| probable necessity of getting up his
editorial copy compelled him to re.
tire from the room. The regular court
reporter for the above mentioned aft
ernoon paper, however, had plenty of
| time to devote to news gathering in
other quarters, his presence in Judge
De Bolts courtroom being rendered
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 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 - "taiji', "bokumetZu >
and the other words and expressions
which the prosecution contends were
, intended to incite the laborers to vio
! lence. Lightfoot stated at the time
i that he proposed to show by the way
: they We're used in the other papers
that they are words frequently and in
noceutly used by the japanese anC
that they are used often in fgura
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 witnes.
for cross examination, with the express
understanding that Lightfoot might put
him on the stand again for redirect eX
animation when he should have fount
the papers. Kinney even offered ther
to assist the defense in getting tn,
papers, providing they could not b'
found among the exhibits.
Yesterday, toward the close of the
session, Lightfoot offered to put Ne
goro on the stand again to give hi
testimony in this regard as per tn,
stipulation. Kinney promptly object
ed, on the ground that such evidenc,
would not be proper. And the judg
upheld his objection, saying he di,
not see how the offer could be ac
epted, and he would not accept il
Judge De Bolt explained that he ha
not clearly understood the matter be
fore Lightfoot, of course, took his eS
ception.
Miauchi Unshaken.
When the court convened, the cross
examination of Miauchi was resume
by Kinney, whose efforts were mainl
devoted to making the witness weake
on his testimony on direct. In thii
however, he was not at all successful
Miauchi sticking closely to his forme
story. He has been over it ofte
enough to know it pretty thoroughly
anyway having been witness in tn
riot trial, where he gave practically tn
same evidence as he has in the eoI
spiracy trial.
Kinney questioned the witness clos
ly in regard to the various collection
which were taken up at Waipahu (,
the strike fund, There were two
these Miauchi testified. The secoI
was taken up after the strike was ca
ed, and was an assessment of $3.50 I,
each man.
did Shimizu pay dollar and
halfP' asked the ross-examiner. (Sl
mizu Is the interpreter who was
the bad graees of the strikers and vi
, was listed ns a sycophant)
'Shlmizu paid three dollars" !
piled the witness.
! And he would have been glad
: pay tweutythfee dollars 10 square bin