The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-07-06
CONSUL WOULD
NOT SEE HIM
CONTINUED from Page One.)

| the presence Of police officer. The
attorney refused to have his advis.
and instructions Overheard and left ths
station in disgust.
He relates the incidents of the past
forty-eight hours in an affidavit filed
with the Circuit Court last night, at
! tached TO a motion TO have the trial
| of the ten alleged rioters, set for con.
tinuaton for this morning, postponed
until he can have had an uninterrupt.
ed and uncensored consultation with
his clients. The motion vii be present.
ed this morning.
In his affidavit, after reciting the
fact that he was the attorney for the
ten japanese on trial for riot and that
the case was under way and concluded
SO far as the taking of evidence for
the prosecution was concerned, Mr..
Lightfoot says:
t'Ehat in order adequately to pre-
pare for the Wotions above referred to
and in case said motions should be
overruled for the presentation of the
defense in said cause, affiant ordered
all the defendants to be present in
his chambers in the McCandless build
ing, Honolulu, on Sunday the 4th day
of July, 1909, at the hour of 7:30 p. m.
of said day.
That at the last aforementioned
time and place all the said defendants
with the exception of Fuehino duly
appeared for the purpose of discussing
with atfiant the matters relating to
their defense.
.sThat thereupon and at the time
and place last aforesaid affiant learned
for the first time that the said Fuchino,
in the afternoon of said 4th day of
July, 1909,' had been arrested by GER
tain police officers whose names to
affiant are at the present time un-
known, and that the said Fuchino had
thereupon been conducted to the po-
lice station, Merchant street, Honoln-
III, and there confined in prison; that
thereupon and about 7:30.p. m. of said
4th day of July, afiant visited said
police station and particularly that
part thereof occupied by William p.
Jarrett, Esquire, Sheriff of the City
and County of Honolulu.
ssThat affiant found in said police
station and in that part thereof oc-
eupied by said Sheriff, W. A. Kinney,
Esquire, the said Kinney being the at
torney conducting the said prosecution
on said indictment and also found GER
tain interpreters, stenographer and two
persons whom affiant believe to be
japanese. but whose names are to aft
ant unknown.
THAT said Kinney appeared to af-
fant to be engaged in the. examination
a4
prefer, to-wit: Chester A. Doyle, Els
quire, and it further appeared to af-
FAINT that stenographic notes of said
examination were being taken by r. A.
kearna, Esquire, stenographer; that
thereupon atfiant was ordered by said
w. A. Kinney to leave the said prem
Uses, TO which order afiant replied that
he was waiting to see William P. Jar
rett, Sheriff as aforesaid and preferred
to wait until said Sheriff should APP
pear;
"That thereupon said w. A. Kin
ney ordered certain policeman whose
name at the present is to affiant I'M
known, to remove affiant from said |
premises; that said policeman there |
upon ordered affiant to depart from |
oeAiA PiSnfStn, tAS1CupOu dludHt (
took an automobile and visited the |!
residence of the Honorable w. J. Rob-
lnson, presiding judge at chambers Of |
the above entitled court at the present |
term thereof and secured from said |
judge an order directed to said Sheriff |
and his deputy to allow afiant to see
said Fuchino and discuss with him |
matters pertaining to the defense of |
said indictment for riot; that said or |
der commanded said Sheriff and his |
deputy to obey the same on pain of |
contempt; that affiant has no copy of |
said order. the same being in the |
possession of said Sheriff;
HThat afiant, with all possible haste. |
presented the said order at the hour of |
S:25 p. m. of said 4th day of July. |
1909, to the deputy of said Sheriff; that
said deputy refused to allow afiant to |
consult with said Fuchino in pursu-
ance of said order, said deputy in |
forming affiant that said Fuchino was
held for investigation; that theleupon
and at the time last aforesaid, and at |
the police station aforesaid, said Ka- |
wakami was arrested and held for in |
yestigation: that at the hour of 1910 |
p. m. of said 4th day of July, affiant |
was informed by the deputy sheriff of |
the said City and County Of Honolulu, |
that affiant would be permitted to see
said Fuchino when the investigation of |
the charge against said Fuchino had |
been completed; that about midnight of |
said 4th day of July affiant visited |
said police station for the purpose of |
whether or not a charge |
had been preferred against said Flu
chino and said Kawakami, and wheth- |
er or not the said Fuchino and said |
Kawakami could be liberated on bail; I
that affiant was then and there inform |
ed by the captain of police that no
charge had been made against said |
fuchino and said Kawakami, and that
It was then impossible to secure the I
release of said Fuchino and said .Ka-
wakami on bail; said captain of po-
Ice then and there informed affiant +
that he might see said Fuchino but
might not see said Kawakami;
That on account of the lateness of
the hour. afiant preferred not to see
sad Fuehino until the following day;
mat on Monday, the 9Th day of July,
iSe9, at about the hour of a. m. of
SAID day, affiant visited the residence
VI SAID Honorable w, J. Robinson for