The Hawaiian gazette., 1914-04-03
.H|[0|TES ACCUSED
Of sELF|sANEss
Public Spirit Lacking in Prorhi-
nent Citizens Of Crescent
City, Says Attorney.
(Maill speeial % The Advertiser

4 Mail Special 70 The Advertiser.)
| HILO, March s0.--That the public
spirit on the part Of the leading citi-
I, zens Of Ililo Is conspicuous mainly. by
its absence, and that IL is only when
their private pockets suffer that Hilo 8
most prominent men take an active An.
terest ID seeing to il that the laws Of
the land are enforced, is the opinion
which Attorney Claudius Mcbride has
arrived Mt after having observed this
community at first hand for a number
OF months.
Mcbride went on record officially as
the possessor Of this opinion in the 20.
Tree court last Friday, when he argued
for the defendant in the case Of Koshi-
motto, a Japanese automobile driver,
who ran his car into an auto driven by
Manager J. A. Scott Of the Wainaku
plantation. s
Captain of Police Silva conducted the
case Of the prosecution Scott testi-
fed that he was driving his car down
the private road which leads down from
bis residence at Wainaku to the gov
ernment road, il being his intention
to cross the main road and TO proceed
to the plantation office, which is just
makai Of the main road. Scott believed
that he did blow his horn, as he made
N his practise TO do so, though he had
Ino definite recollection Of having done
so in this instance As he approached
the main road he saw the Japanese car
approaching, going towards Hilo, at a
rate of about twenty-five miles an hour.
He heard no horn. 1t was too late to
stop his ear, said Scott, and IL he had
tried to dash across the road, he would
have been struck amidships, so he
swerved his car, as far as possible,
along the side Of the road in the Hilo
direction, the Japanese auto hitting tho
fender and back Of his car, doing some
damage thereto.
Mrs. Scott, who had been with Scott
in the ear at the time the accident hap
pened, testified to about the same ef-
feet.
Koshimoto, taking the stand, claimed
that he blew his horn twice on APP
preaching the Scott intersection, but
he did not hear Scott blow his horn.
He was about eighteen feet from the
Scott car when he first saw IL, as the
banks on both sides of the driveway
hid il from view. He was himself go
ing at the rate of only about ten miles
an hour, and though be put on the
brakes, the accident was unavoidable.
In an attempt to pass the Scott car he,
bad swerved his own car as far out Of
the way as he could, but a telephone
pole was in the way, and in his effort
70 avoid the pole, he had run his car
into the Scott auto fender.
The defendant added that, after the
accident, Scott had taken him over to
the plantation Office and had attempt
ed to get him to sign paper whereby
he agreed to pay for the damage done
TO the Scott car. The Japanese had,
however, refused to do anything of
the kind, saying that he would pay
only at the police station, and his ar,
rest followed. 1891
Judge Wise, Of his own motion,
called James Low to testify as an
auto expert in regard to the distance
which was required TO stop ear 20
ing at the rate Of speed and under the
circumstances described by Koshimoto
IA respect to his own car. Low said
that the car could have been stopped
within distance of about fifteen feet.
Three Japanese, who had been pas
sengers in Koshimoto 8 ear, gave evil
dence of much the same nature as
hat given by the defendant M
In his argument Mcbride quoted
various authorities, and eontended that
his client had done everything which
he could be expected to DO, aud that
the accident was an unavoidable one,
as far as he was concerned. Then,
referring TO the fact that Scott had
testified, on eross-examination, that If
Koshimoto had agreed to pay Tor the
damage done to the auto, he would not
have had him arrested, Mcbride pro-
ceeded to paint dark picture Of the
leading citizens of this town.
criticises Leading Citizens.
".Had Koshimoto paid for the dam
age, he would not have been arrest
ed, said Mcbride. 1.-THE motive in
causing his arrest was redress for a
/ private injury, and not desire TO
have the statute enforced for the pub
lie good. That is the trouble with
most of our leading citizens, they do
not take any interest in having the
laws enforced until their private peck
cts have been injured.
/ Judge Wise, in passing sentence,
said that Scott had perfect right in
running his ear as he did, as Il was
impossible for any car to get onto the
/ public roads, except by coming OF a
private road, garage or the like. II
was largely question whether the
defendants auto had been in proper
shape, and whether he had been watch
full enough to avoid it, as the evidence
had shown that he had seen the Scott
car in time to allow him to avoid col.
hding with II had his brakes worked
properly and had he exercised proper
care. Many people were in the habit
of driving entirely too fast, although
they might observe the speed limit
laws. The court found the defendant
4 guilty and fined him Ave dollars and