The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-08-18


'.When after sitting in this box for
many days while the jurors We're being
selected, you were sworn, it was to try
this case according to the law and the
evidence | asked YOU, Do you come TO
this case without any prejudice?' and
YOU all said. Yes [ asked you if you
had any prejudice against the Japa-
nese, and you all said, No Now,
it is perhaps natural for those of us
who are Of different race to think
We are superior to a japanese. We
have all heard people say, He's only a
Jap; stick the Jap. On your word
of honor you promised to try this case
according to the law and the evidence.
l ask you to try this case according
TO your oath, according to your word
Of honor. That s all we can ask of
You. You must take the law as His
Honor gives it to you from the bench.
And you must take the facts as you
hear them from the stand.
Cut Tt Out.
Gin the early part of the trial His
Honor cautioned you not TO read the
newspapers. But as business men you
have undoubtedly read the newspapers.
And inadvertently you have perhaps
read accounts of this trial written per-
haps by reporters, perhaps by others.
Cut it all out. 1t may be that highly
cOlored views of the trial have been
published by the other side. We could
t do that; we haven t any newspaper
to go to. Don t let that influence you.
GEGo,1,o HI th,nrc ho1-o
cured; things which these defendants
regret as much as anybody else. Don t
let that influence you. Cut it all out.
"During this trial there have been
several regrettable personalities indulg
ed in by counsel. That is the result
of the long strain. Don't let that in
fluence you. It may be a fact that
am an Englishman, that I was trained
for the church, that 7 am sky pilot
Don't let that influence you. To Dor
row an expression from Mr.. Kinney
don t let a herring be drawn across
| the trail
The Herring Scent.
FYou know you are trying these -four
| men for conspiracy. Don It forget that
/ Don It go off and think you are trying
| them for assault and battery. Dom y
| let Mr.. Kinney draw herring across
| the track. Find out what the charge
is and stick to that. Now, what is the
| charge? First of all, it is a complaint
| not an indictment. Perhaps the pros
| ecution didn't want to trust a grand
| jury of the Territory. Perhaps they
wanted to hurry this case to trial dur
| ing the summer months when jury
trials are not held. Now, let's reat
the complaint
| Mr.. Lightfoot read the complaint
with nterpellations-to the effect tina
| the defendants conspired with othe1
| persons-E these other persons are like
| Banquo s ghost-no, they're not likt
Banquo S ghost, for Banquo s ghost die
show up occasionally and these per
sons never have. Perhaps the prose
| ghosts; we II have to excuse the prose
| cution.
"Cutting out the talkee-talkee bust
ress, we have it that these four me1
! did combine with themselves and TIL
| ghosts to prevent the plantations from
| carrying on their business. That s tn,
charge. You are not trying them 70
assault and battery or for riot. Yol
are trying them for combining to pre-
| vent the plantations from carrying OF
their business. You are not irwin,
! them on the charge of organizing al
army or of trying to get an increas
of forty-four per cent. in their wage
or Of setting up government within
a government That 5 not the charge
We are trying these people for mu
| tually conspiring together. Now tn
Notwithstanding violence and as
saults and batteries on all Japanes
who refused to go in with them.
The Plantations-'T Them to irnpover
ish, Holy Smoke Them to impov
ish!' These four men-iust look a
them. They're going to impoverisI
five sugar plantations, Oahu Suga
Company, paying two per cent. mont,
on a capital that has been four time
watered Them to impoverish,'
MIR. Kinney's Law.
"Above all things, don't 90 on tn
law as laid down by Mr.. Kinney. fo
1t ism t the law. He gave you an illus
tration." Mr.. Lightfoot referred t
| the example of conspiracy cited b.
Kinney in his speech,-a case wher
certain anarchists were being importe,
into the United States. "And thev'r
importing them here as fast as the
can, and don't you forget it," inter
pellated the speaker. He gave the iur-
his definition of conspiracy, which dif
fered radically from the definition Civ
en- by Mr.. Kinney. "There must b
the feature of mutuality,' he said
"Mr. Kinney is a good lawyer; h
has practiced at this bar for 25 wears
ne IS familiar with conspiracy trials
And when he cites to you what h
knows IS not the law, he does it witt
the intent of dragging a herring acros
the track.
! "Mr. Kinney told YOU these men ar
charged with doing a lawful thing, t
wit: getting an increase of wages. il
an unlawful way. Are theyP Ar
they? The charge I have read to vol
does not charge these defendants wit
conspiring together to obtain an in
crease of wages by unlawful means
| Counsel said; T don't know.
can't tell, and I thank counsel 70
those words. Why should Mr.. Kline,