The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-07-03
PROSECUTION
CLOSES CASE
Continued from Page one.)

lnatIen but the court held it was ad
Missile and the witness testified thai
he had seen the contents of the bundle
torn into rags and lying around the
street. "Was there anything in that
bundle except rags?'' inquired Light
foot 1T WASH 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 dispense 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 dispense. Ballou said that the
riot act part of the statute was indie
pendent from the rest and that eF1.
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ness was withdrawn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
tons had been ruled out upon objee~
ton by Lightfoot as being conclusions,
| he finally said that the tone was an
angry one, which the court allowed TO
stay in.
| 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 case
comparisons were odious and ruled the
/, testimony out.
{. Now this word 'Tatake, ~ Light
foot asked, "did you know what that
meant?"
Why, I turned to some one. in the
automobile. think it was .Scoville, and
he told me it meant fght.''
This was evidently not the answer
expected as Lightfoot moved to strike
it out but the court called attention
to the fact that defendant No. l at
least was in the automobile and let
the evidence stay in.
Armada, the Japanese interpreter,
testified that the word 'tatake =,
which has figured so prominently IN
the case, means beat or s'strike =
and that it is used by a crowd in
urging one combatant against an
other.
Lightfoot. upon examination,
produced four other japanese words Of
similar meaning and asked if some of
them were not more properly used
where there were many combatants in
stead of one. Kinney objected but the
evidence was allowed. The witness
testified that some of the other words
were more usually used by the labor
ing classes but on redirect he reiter-
ated that ''tatake" was a word also
used. William Woods was the last wit
ness for the prosecution. He was In
the automobile with Sheriff Henry
when the japanese prisoner was taken
from the Office of the Higher Wage As
ISOLATION into the automobile.
81 was sitting on the steps of the
automobile, - he said. 81 heard some
thing hit the tire of the machine. A
moment later 1 saw stone the size
of my fist lying where / had been
standing about IA foot and half from
where | was.
The witness described the crowd as
yelling like a pack of Comanche In
dams, but upon objection from Light
foot the comparison was stricken out,
the court remarking that the jury
probably had never heard Comanche
Indian.
A further attempt at characterize
ton brought out the statement that
the yell was angry in tone, and this adj
iective was allowed to remain in.
Upon eross-examination the witness
said that he had actually seen only
the one stone lying near his feet, but
that he saw lots of sticks in the hands
of the japanese Some had fence rails,
and others pieces of frewood. The
witness had some difficulty in reducing
the sticks to tangible numbers, but
finally thought that fifty japanese
with sticks would cover all that he
saw.
"Was it sort of a Donnybrook
fair2''
''No, it WASH t circumstance to
Donnybrook fair responded the wit
ness.
Lightfoot inquired as to the num-
Der of lights on the automobile, but
the witness recollection on the subject
was poor. Lightfoot hen started to
inquire how good automobiles were
usually equipped, but upon objection
the court ruled that the witness had
not qualified as an expert on good
automobiles. and the question was dis
allowed. The witness had more diff
Guilty in trying to locate the various
scenes of the drama upon the plan of
the camp site which had been intro
duced in evidence, but explained that
he had arrived in the dark and was
not familiar with the locality.
''Were you terrified" asked Light
foot
cit was quite an embarrassing posi-
ton to be in
''Wbat were they doing?"
'tThey were hollering''
"'What were they holleringan