The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-06-25
THIRD VEN|RE
IN STRIKE CASE
Five Peremptory Challenges Are
Used by the Attorney
for Defense.


a third venire in the effort to secure
Jury in Judge De Bolts department
of the Circuit Court, before which will
be tried Maxine, Negoro, Yamashiro,
Tasaka, and Kawamura, leaders of the
higher wage movement, who have been
charged with conspiracy.
Five peremptory challenges were used
Yesterday by Attorney Lightfoot for
the defense. Mr.. Kinney for the prose
cution waived the first of the three
peremptory challenges for the prosecu-
ton and used the second, leaving five
peremptory challenges in the hands of
the defense and one for the prosecu
ton.
OF the second venire that was return
able yesterday morning, nine men were
excused by Judge De Bolt with the
consent of both prosecution and de-
tense, all of them being employed di-
rectly or indirectly by the plantation
agencies.
A number were then challenged for
cause, either having opinions as to the
merits of the strike that it would re-
quire evidence to remove, or some en-
tanglements which, in the view of At
torney Lightfoot, would influence them
against the defendants.
The five men who were excused On
the peremptory challenge of the de-
Tense were Brown, Bolster, Cummings,
Barry, and Hoa. In the examination OF
Sergeant Barry, who is clerk to Adju-
tant-General Jones of the National
Guard, Attorney Lightfoot asked if
Barry had not made the statement that
he hoped that the militia would be call
ed out and have an opportunity OF pro-
ceeding against the Japanese. Barry
denied emphatically that he had ever
made such a statement applying to the
japanese in particular, but admitted
that. he had expressed the wish that the
militia would be called out "strictly
in the line of military duty" not hav
ing particular reference to the Japan
ese.
Prosecutions One Challenge.
The peremptory challenge used yes
terday by Mr.. Kinney for the proseeuf
ton resulted in the excusing of Juror
Trask, who acknowledged that he was
party to a discussion over a piece of
land which was claimed by a plantation
and which he was now holding, pend
ing decision on the case by Land
Commissioner Pratt.
In drawing the names of the tales
men on the third venire it was agreed
| that those who were known to be en-
/ gagged in employment that would make
/ their disqualification obvious should be
placed aside and substitute drawn.
| The venire is returnable at $3.50 clock
| bat
the jury can be completed within the
course of the day
Before Judge Robinson yesterday
morning argument was heard on the
motion made by Attorney Lightfoos
for continuance of the case against
/ j. Mikawa and twelve other japanese,
charged with riot. Lightfoot contend
ed that to allow the case to 90 on its
regular order on the calendar would be
to deprive the defendants of their right
| to be represented by counsel of their
choice.
! Continuance Denied.
| In opposition to the argument by
Lightfoot, Mr.. Kinney read the affl-
davits of japanese who had been threat
end by the higher wage agitators, an
affidavit by Manager Bull of Oahu
plantation, and number of incendiary
extracts from articles in the Nippu
Jill, urging the japanese laborers to
commit assaults and exterminate -
all who held views contrary to the
propaganda of Maxine and his col
leagues.
Lightfoot contended that the affi-
davits, with the exception of the one
by Manager Bull, were without poipt
as far as the motion was concerned,
and moved that they be stricken from
the files of the court
Judge Robinson apparently did not
think there was any particular merit to
the argument for delay, and he denied
the motion for continuance
The proceedings preliminary to Sc
curing jury will begin at 10 clock
this morning.