The Hawaiian gazette., 1916-08-15
Formal Accusation Made Against
Man Believed To Have Muir
dered Hiroki Emoto
ORDER TO SHOW CAUSE
FORCES H::HDS OF POLICE
Widow-Bride Rallies and Makes
Statements To Chief of
Detectives

|
Jail and kept there for more than for.
ty.eight hours without specific charges
being preferred, it will go hard with
| thc polio" if this same person should
bring suit for damages and this suit
be tried before Judge Ashford.
just how Judge Ashford felt in such
a hypothetical case he made plain yes
teruHy. 1t did not all go down in the
record, for Court Reporter Jordan was
told to suspend his hirroglyphic opera
tions while the jurist had his say-an
/ aside, as it were
1t all came out over the bringing of
Sheriff Rose into court on an order to
show cause why he kept Waichi Full
motO in Jail without warrant and with.
out "A charge being made against the
man
Through Attorneys Will J. Sheldon
and Andrews & Pittman, MasayOshi
| Ogawa, presumably "ncxt friend, "
filed petition for n writ of habeas
corpus in behalf of Fujimoto, yester.
! day morning, and Sheriff Rose was or
! dered to show cause at four clock in
the afternoon.
Arrest Settles Petition
Fujimoto is one of the two Japanese
who have been held in Jail on suspicion
of having criminal know ledge Of the
killing of Hiroki Emoto and stabbing
the lutter's bride of a month almost to
death. The petition for Il writ of ha-
beas corpus in behalf Of FujimotU
states that the latter was unlawfuly
imprisoned and restrained of his lib
erty in connection with the death of
Wuich Emot0; that he is not guilty of
any Ofrrnse, and was arrested without
n warrant on August | and has since
been held in the city Jail by orders of
Sheriff Rose.
When the matter came on for
bearing before Judge Ashford at four
O'Clock yesterday afternoon, Sheriff
Rose, with his prisoner in charge, APP
pcurrd in court. The prosecution pro-
credcd to spring surprise, and sue
ceedcd for no sooner had the proceed
ings started than it developed that
half an hour before Fujimoto had been
served with a warrant charging him
with the murder of EmOto.
This settled the fate of the pcti-
ton for IA writ of habeas corpus, as
its purpose had been served With the
consent of the defense, the petition
and writ were dismissed. Formal ap.
plication for bail was made, but this
went over until Fujimoto's attorneys
are able to be heard in the matter.
Jurist Roasts Police
Judge Ashford then proceeded to
roast the police department. He said
that the police had no right to hold
any one in Jail more than fOrty-cight
hours without making a specific charge
against the one in detention. The law,
he thought was a vicious one, even
then. A Legislature which had the
right to say that no man should be
held more than forty eight hours with
out being properly arrested and
charged, might have made it forty
eight years.
He would like to see some one test
it's cOnstitutiOnality some day, he said,
and if some one was to bring suit
for damages against the police official
for unlawful detention he would like
to help in applying the torch to the
delinquent official
The police had rights, but, so, also,
had those grabbed by them, and if
he had anything to say about it he
would see thut both got their just de-
SCrts.
Arrangement This Morning
The Fujimoto murder charge will
probably be called up at nine O'Clock
this morning in the police court. TN
qucstiOnably, it will 90 over for some
other date, for it is not believed that
the police are ready to proceed in the
case. The ACCUSED man is the brother
in-law of Tome, who lies between life
and death at the Queens Hospital
aud who, despite all hopes, may pass
away shortly.
Just what disposition the police will
make in the matter of NJ Kanemoto,
former lover Of Tome, is not known
SocretiVeness still rules the depart
ment. The man, under suspicion OF
being implicated in the EmOto murder
and almost murder of Tome, was, so
far as could be learned last night, still
held in Neutrality-suspicious. warrant
and without formal charge being
made against him, it is understood.
Widowed Bride Rallies
Little Tome EmUtO early Yesterday
afternoon rallied sufficiently and was
able to converse with Captain of De
trctiNes McDutfie, who rushed to The
Queen 5 Hospital when he learned that
the injured woman had recovered con
seriousness.
After McDuffie received statements
from the girl, the purport of which
could not be learned Fujimoto was
charged with murder in the first de-.
gree, shortly after three O'Clock.
The strain of being under constant
surveillance by the police told on Full
motto yesterday and he apparently
weakened When the warrant was read
to him his lips quivered and it was
with difficulty that he rendered an in
coherent reply when asked whether or
not he understood the charge against
him.
According to detectives, Frtimoto
has devoted his time while lodged in
the cell to constant prayer. This fact