The Hawaiian gazette., 1909-07-06

CLOSES CASE
lFIam salnIlay !. AdyerIIIerl

the case was adjourned until after the
holiday.
The days proceedings began with the |
reduction Of Surveyor plan OF I
the vicinity Of Oahu Sugar Mil aud |
Scoville Identified the Office of the
Higher Wage Association and the other
buildings which had figured in the testi'
mony The crOss-eNaminatiOn of Of
icer Wills was then resumed In an
swcr to questions from Lightfoot, Wills
testified that he had made two attempts
TO leave the Office Of the Higher Wage
Association with his prisoner, and that
each time there was big mob outside.
On the first occasion he was stopped
by defendant No. and informed that
it was "more better you stop. Suppose
you 90 outside. you make The first
white man who came to the building
was Manager Bulb At this time the
crowd was still making a demonstra-
ftion outside. Mcleod also arrived about
he same time. The witness jumped
in the automobile and went TO the plan.
tation Office with his prisoner, but was
unable TO state what happened in the
Office as he remained on guard outside.
The cross.examination ended with
the usual inquiries as to what state
ments the witness had made concern
| ing his testimony. The witness had
talked the matter over with Scoville
and was afterwards called to Kinney's
Office where he repeated his story.
In redirect Kinney asked the wit
ness what had become of the bundle
which the japanese, who was assaulted
| while returning to work, carried over
his shoulder. Lightfoot objected to go.
ing into this matter on redirect exam
ination but the court held it was ad-
missible and the witness testified that
he had seen the contents of the bundle
torn into rags and lying around the
street. "Was there anything in that
bundle except ragsR" inquired Light
foot. alt wasn't rags that was in the
bundle. 1t was clothing" responded
the witness.
Deputy Sheriff Rose was the next
witness and Kinney asked him what
orders had been given to Officer Wills.
Objection by Lightfoot precipitated a
long discussion in which Ballou joined.
Kinney stated that the object was to
show the legal authority for the order
to dsperse to as to show that those
remaining were guilty of unlawful as
sembly. Lightfoot read the indictment
and argued that the defendants were
not charged with remaining after an
order to disperse. Ballou said that the
riot act part of the statute was inde-
I pendent from the rest and that evi
dence of remaining after the order
could be introduced under the general
charge of unlawful assembly. The court
finally ruled the evidence inadmissible.
Kinney then asked what officer had
been put in charge of the police force
of the Waipahu district but this ques'
tion met the same fate and the wit
" ness was withdrawn.
High Sheriff Henry took the stand
to tell of his arrival on the scene He
heard the sound of some missiles flying
through the air and when he took his
prisoner into the automobile there was
shouts of "Tatake' from the crowd.
Kinney asked him to describe the tone,
and after several of his characterize
tions had been ruled out upon objec.
tion by Lightfoot as being conclusions,
he finally said that the tone was an
angry one, which the court allowed to
stay in.
Z Lightfoot took up the matter of the
: shout upon crOss-eXamination and tried
, to get the witness to compare it with
, another shout several days afterwards
but the court held that in this ease
g comparisons were odious and ruled the
. testimony out.
4 "Now this word 'Tatake, Light
9 foot asked, "did you know what that
( meantf'
5 "Why, turned to some one in the
S automobile, think it was Scoville, and
/ he told me it meant fight"
2 This was evidently not the answer
0 expected as Lightfoot moved to strike
! il ont but the court called attention
5 to the fact that defendant No. ! at
= least was in the automobile and lei
r the evidence stay in.
/ Amada, the japanese interpreter
. testified that the word "tatake Z"
5 which has figured so prominently il
the ease, means cheat or "strike
and that il is used by crowd in
2 urging one combatant against an
{ other.
G Lightfoot, upon cross.eNaminatiou
e produced four other japanese words OF
similar meaning and asked if some OF
< them were not more properly uset
I where there were many combatants in
S stead of one. Kinney objected but tn,
r evidence was allowed. The witness
testified that some of the other words
k were more usually used by the labor
n ing classes but on redirect he reiter
e ated that "tatake' was word alsC
1 used. william Woods was the last wit
G ness for the prosecution. He was II
= the automobile with Sheriff Henry
:, when the Japanese prisoner was takel
from the Office of the Higher Wage As
socinton into the automobile.
"l was sitting ON the steps Of th,
= automobile" he said, 81 heard some
6 thing hit the tire of the machine.
9 moment later | saw stone the sizl
y of my 6st lying where | had beer
: standing about foot and half from
whore ! was.p
The witness described the crowd a
- yelling like a pack Of Comanehe In
~ dians, but upon objection from Light
!, foot the comparison WAS stricken oui
the court remurking that the jur,
probably had never heard Comanch