The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-08-24

Lightfoot was outgenerale1 after all
about keeping Professor Dening here.
The witness was subpoenaed for the
trial of Sega, editor of the Nippu Jill,
on the charge of being a disorderly
person. At 1854, or less than an hour
after Judge De Bolt ruled that the
subpoena must hold, nolle prosequi
was entered for Sega, which dispos-
ed of the case and released all con-
cerned from appearance in court.
Prof Dening and his wife, who was
a through passenger from San Fran
cisco, embarked in the Nippon Maru
a few minutes before her sailing time.
The gangway was partly lowered when
they reached the wharf, but it was
readjusted to permit their going
aboard.
A challenge for a shouting match,
enc lawyer calling a learned brother
"this fellow the latter charging the
former with deliberately stating an
untruth-such were among the cpl
sodes of the hearing on the motion of
Professor Walter Dening before Judge
De Bolt yesterday afternoon.
Examination of sureties on Makino's
$1,000 bond to keep him out OF Jail
pending his coming motion for a new
trial and it's final disposition was sus-
pended when the hands of the court
room clock pointed to two, the hour
set for the motion above mentioned.
Il do not see the movant here, y
Lfghtfoot said to open the ball.
Gle is represented by counsel y
Prosser of the prosecution replied.
"He signs his motion in propria
persona Lightfoot suggested.
THAT makes no difference Pros
ser persisted and submitted the mo-
ton without reading, There has been
no answer filed"
Lightfoot proceeded to argue against
the motion, saying that the question
had nothing to do with the $2500 for
which Dening came to this country
The defense had right-the residents
Of Hawaii as taxpayers having paid
his eXpenses-to subpoena Dening as
witness. Expert witnesses were UNI
known to the law of this Territory
Nothing but ordinary witnesses were
recognized. Now and then an alien
list was employed as an expert and
paid a private fee. The defense de-
sired Dening to translate certain do
cuments
'Do you require his services as an
expert?" the court asked.
Jightfoot stated the law, adding, In
reply to another question, that the de-
Tense did not require his opinion as
an expert.
Judge De Bolt here had Clerk Batch
elor to take down counsel statement
Lightfoot proceeding repudiated the
imputation of abuse of the privileges
of the court contained in the motion.
Judge De Bolt asked if Dening's evl
dence was desired though he nigh
not be in possession of a single fac
| bearing on the case Of Territory VS.
Sega for which he was subpoenaed,
Lightfoot did not acknowledge an!
/ ODllRaJlOn TO DISCLOSE WudI eNluShS
he wanted of the witness.
Ballou, replying, said there were TIVE
questions, one of fact and one of law
Strictly speaking he did not see an
question of fact, the allegations of TIT
movant and himself in affidavits re
naming unanswered.
The question of law was, presuminj
the defendant desired the services o
Dening in translating, had he tn
power to subpoena him. 1t was de
clared by affidavit that Lightfoot di'
not want Dening for any legitimat
purpose, and this declaration was sup
ported by a great deal of circumstan
tial evidence. The case stood abso
lutely unrefuted.
This attempt to detain Dening wa
a departure from the usual cours
when an attorney really desired wit
ness. Dening was a witness agains
this very defendant in the conspirac