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-ZTfW'Krfv' r' ' 1 11 ... ir,,-,.. ,.,' '.BVENINO TJDLLETIN, HONOltJLO, T. it., SATURDAY, AUG. H, 1909. pr.H" OTiF? ':TH : J. !' ' - i if. r h i h ff. Evening DAILY and WEEKLY Publiined by BULLETIN PUBLISHING CO.. LTD At 120 King Street, Honolulu, Territory of Hawaii. Daily every day except Sunday. Weekly luutd on Tuesday of each week. MEMBER OF THE ASSOCIATED PRESS. Wtllos R. Purrlngton, - Bdltor SUBSCRIPTION RATES PAYABLE IN ADVANCE. BVKININQ UULI.I1TI.N P Month, anywhere In IJ.S S) ,7H Pet Qvurter, aiiywhtft In U.S a.oo Per Yrar, nvhttc In U.S. H.oo Ptr Year, poitpftitl, loieign la.oo CIRCULATION LARGEST 0F ANY NEWSPAPER PUBLISHED in the Territory Tl ! EdltoriabRooma, 1 Cl.Busn'e8g Office, ? SATURDAY f I Stand firm for your country and be come a man Honor'd and lov'd. It were a noble life, I , To be found dead embracing her. Jhn,(m'i Catiline. I . IIHIJUK 1IUI111U1I7U W1B KUII Ul IIIU f editor of tlip Advertiser. It only remains to apologize to the public for the Mtench that has followed! i Tlio Nlppu JIJI, the organ of the criminal agitation, commends the course of the Advertiser. This Is r.nother proof that tlio Advertiser Is no longer working under cover." Tlio oil I (or Is In the open and lol theso law. abiding friends come to his rescue mid volunteer their support and condol ence. Where Is little UcnshallT Every one seems to h' forgotten Smith's Man Friday In the deal. Hut It Is just as well. If ho were or could make himself a little more promi nent, he might have run Into an en dorsement of the JIJI, such ns Ilroth cr Smith is now suffering under. It Is just as well not to be recognized by your friends once In a while. Prof. Denlng's letter, published In another column, speaks for itself, Tlio reader should not forget that Prof. Denlng was placarded on tho first page of tho Advertiser ns a man abuat to bo arrested. His' statement In re sponse to that vicious thrust waa published In an oft corner whei'3 It was probably lost to tlioso not search ing for It with a microscope. Tiiero you havo more of tho fair play of tho editor of tho Advertiser; moro of the particular Interest his sheet display In having the Prosecution of the cases leading out of tho strike, dealt with on n basis of absolute equality with tho Defense. Pair play from tho Ad vertiser?. Is It possible? THE ADVERTISER'S PRESENT STAND? Where docs tho Advertiser stnnd on the strike trials? Editor Smith is steadily proving fhn rflfiA mrnlnat Mmenlf nml .lomnn- HVT stratlng to the community nt large ,X- where his true sympathels lie in ref- t 'rrpnM in tll.i tttrfkn nrncoftutlnna lira Is telling the public that he has no. S,. interest except to see the guilty sut ler, simply desiring ruir play and a fair trial for thetn. , He would give the public to un derstand in his editorials that ho is and has been dead In earnest to see that the lawlessness and criminality developed among the Japanese dur ing the past six months shall be punished. YET LOOK AT HIS TREATMENT OF THE CASE FOR THE PROSECU TION AND HIS COLORED REPORTS OF THE TRIAL. Has his animus against this news-' paper changed his feelings? Does he now wish to throw down the prosecution? ARE HIS SECRET HOPES NOW FOR A MISCARRIAGE OF JUSTICE IN THE STRIKE TRIALS? The editor is showing such a spirit throughout. I Look at this morning's issue in' that connection and the glaring headlines, "Lnw Editor Chronicles Case. Counsel for Prosecution Docs Reportorlal Act." How doeu Mr, Smith defend this action? He can do it only In one of two ways. Either ho Is now I soured against tho prosecution be- euuHe of the attneks upon him, and, i therefore, at this hour is openly knocking the prosecution, or else ho '...III l.n.in ... n.ln.l, . I. n . hi. ..Aann. will imTn iu uuiuit uiui mo jncociii attitude has been his past attitude iWlth only this difference before, ho nftnrbpil i-nvorMi' nml li til lilu lilnn! , ...., ..... ... , F now he Is showing it openly. I ff ) If there is a fundamental proposi tion it is mai me reports in a pa per of the court proceedings shall be lull and. accurato and free from mis representation, The reader can see for himself i- time noining oi cue Kina is ucing j 'done; that the reports from the Ad- J. . 'vartUni nu thnv nrn lrnlnir out from f (lay to day speak for themselves and I'N n.'.anlr Ilia hlnn ntlfl nTlltllUB Of tllO .editor as It oppearH in nis euuoriais. u lie na& a groucn agaiaut mo Btilletin WBBKlV ULULBTIN Per Sl Moulin S) ,SJo Pet Vttt, mpihtrt la U.S I.oo Pel Year anywhere In Canada... t.Su Wf Year postpaid, fotetgn 3.oo of Hawaii 185 256 Entered at the PoMoffic at Honolula m rrotid'Cltia muter. APQUST 14. 1909 II u 1 1 o 1 1 n for Its attacks upon him. WHY VISIT HIS GROUCH UPON THE CASK VQ THE PEOPLE? Many good citizens In this Terri tory are extremely anxious not that the Innocent should be declared guilty, HUT THAT NO MAN GUIL TY TOIl THE CRIMINAL DISOR DER. TOR THE PAST SIX MONTHS SHALL ESCAPE, and particularly that they shall not escape through the Intervention of n side Issue. It Mr. Smith were In dead earnest for a trial fair to the prosecution as well as the defense In spite of his personal grievances, the case In court would receive his full protec tion, and he would find ways of defending himself against the Bul letin without Impairing the standing of the case for the People in the pending cases. The truth is, his present open animus is simply tlio same old ani mus then given play under cover. Ho is simply proving; this1 by his present course, but In the open his power for mischief is minimized. His teeth have been pulled. SMITH'S N)TuF GOLD. When the II u 1 1 e 1 1 n last night referred to highly valuable and gratuitous services rendered by Mr. Kinney personally to the editor of tho Advertiser at a trying time In tho experiences of that gentleman, it seems that upon reading the arti cle In question Smith threw himself back In his editorial chair and ex claimed repeatedly, "How mean to refer to that subject," and In this morning's Issue of the Advertiser the person in question calls our ac tion a "mean personality." This Incident Illustrates ngaln the monopolies claimed and largely en joyed In this community by Mr. Smith In vituperation and attack. For some days, If our eyes have not deceived us, that man has been speaking of tho pot of gold at tho end. of the rainbow as the MOTIVE 01' THE PROTEST IN I1EHALF OF THE STRIKE PROSECUTION AGAINST HIS KNOCKING. The word "FEE" and "WOItKINO FOR A FEE" together with the pot of gold reference has been upon the lips of Mr. Smith and rolled au a sweet morsel under his tonguo throughout this controversy. When, under these circumstances (ho having opened the fee question himself and kopt It going), refer ence was made by the B u I ) e 1 1 n to the occasion when this fee-hunt ing lawyer stood between Editor Smith and Jail, or extreme danger of jail, without a fee, ho Immediately throws up his hands, tosses his pen upon the table and declares that the meanness of that outfit in referring to the Incident in question beggars his Imagination This simply means that tho King can do no wrong, and It Walter 0. Smith cannot enjoy an exclusive mo nopoly of vituperntlon and personal attack, he will sink the Islands, and, with grip In hand, will hie to pas tures green. WJS KINNEY PAID A FEE? An Interview with Mr. Kinney as to the question of fees In reference to the Indictment of Editor Smith several years ago elicits the state ment that Mr. Kinney has positively no recollection of ever having re ceived a fee of any kind for the ser vices rendered his recollection be ing decidedly tho other way that he may possibly be mistaken and that a small fee may have been paid, but he has no recollection whatever of any such circumstance, und he should very much like to see a re celpt for any money paid for tho ser vices In question. 'Tlioso now hero who were resi dents of Honolulu at the time re member perfectly well the clrcum Btances of tho Humphreys-Smith In cldent. Mr. Walter G. Smith was cited personally as a witness before the Grand Jury to glvo evidence under oath touching u matter then being Investigated by that body. Ha did so, wus sworn, and mndo curtain statements which turnod out not to be true. Tho Grand Jury Indicted blm for perjury. The general pub lic then and now believed that there was nothing wilful In the mis-state raents of Mr. Smith, and there Is no doubt that Mr, Kinney then and now entertains that view.. Smith having been Indicted, It was In or der to try him for the offense, and it soon became apparent that Judge Humphreys, then In n desporate frame of hostility and bitterness against Mr.. Smith arising out of a long, bitter and open controversy In tho press and otherwise, was going to preside at Smith's trial. Smith and his friends felt that this would be absolutely unfair, and that It It took place .Mr, Smith ran a chance of being convicted, where, according lo their view, Justice required nothing of the kind. Under theso circumstances the question nroso how to prevent Judge Humphreys from presiding. There was no statutory disqualifi cation, the only possible question being whether the courts might not hold a disqualification In enso an actve, deep and bitter personnl bins and hostility on the part or tne Judge was shown to exist. This, though a forlorn hope, was the only chance In sight In tho judg ment of n number of prominent at torneys who came to Smith's assist ance, including Mr. Kinney, and this forlorn hope was no hope at all un less It brought out to the fullest de gree the hostility and bias charged. Under theso circumstances affidavits were prepared, material for which was furnished by Mr. Smith himself, going at length and In detail Into the bitter feud existing between the Judge and the prisoner at the bar. It is quite true, as Smith now says, that these affidavits were pre pared without regard to consequenc es, and certainly with no flinching on the part of the men who prepar ed and presented the material fur nished by Mr. Smith. When It was completed and sworn to somebody had to present It, and that somebody who undertook the Job was Mr. Kinney, though it was freely predicted and expected that the result of presenting the motion and affidavits would be Imprison ment for the lawyer thnt did It. Mr. Smith never spoke truer words than when he now says: "The affidavit was 'unguarded,' " and it Is equally true that the man who reaped the benefit of that desperate protest against his trial by a bitter enemy was this same Mr. Smith who now chides Kinney with having drawn up an unguarded affidavit. It Mr. Kinney had been on his guard, ho never would have run the risk at all, which was a service rend ered beyond tho strict requirements of his professional obligations, and which, as a matter of fact, was not purchasable with money. Mr. Kin ney, together with Judge Hallou und Judge Hartwell, his associates, who were only Incidentally concerned with the matter, were sent to Jail for contempt of court, Mr. Smith es caped unscathed, and later the At torney General dropped the case. This we think an unvarnished statement ot the situation brought out by the Incessant suggestion ot tho editor ot tho Advertiser that tho strike prosecution 's attitude ot dis trust towards him Is merely the eagerness ot counsel to get a fee. The most suggestive feature ot Smith's reply this morning to the matter ot past services rendered by Kinney and the best Index by which to read the man is the claim of Edi tor Smith that "he never employed Mr. Kinney In his lite, he never had a bill from him and never owed him a fee. The Gazette Company em ployed him." In what way was the Gazette Company responsible for the sworn statements of Walter G. Smith made before a Grand Jury touching a mat Watcrhouse Trust REAL MANOA VALLEY: Three bargaim in home and home titei in this fait-growing suburb : Modern bungalow, built two years ago in the Fuupueo Tract, Lot of 1400 iq. ft. House contains 7 rooms, Price. . .$3,780 Modern two-bedroom cottage on Lanihuli Drive, College Hills. This property is exceptional, well located and recently renovated. Good value a t the price asked $4,000 We also have a very attractive buildin glot on Hillside Ave- - nue, on the ilone makai of Mr. H. E. Cooper's residence. The elevation of this lot assures an uninterrupted' view of Waikiki and the sea. T hl lot will juit uit-the pur chaser looking for a small building lot. Size 90 x 150. Price $ Waterhouse Trust Cor, Fort and Merchant Streets, ler. then under Investigation by that body? , IT WAS His. OWN PERSONAL ACT, on Ills own personal responsibil ity, and the Gazette Company In the nature of things wasn't 'responsible for what Its editor .personally swore to as a, citizen under subpoena before the Grand' Jury ot our courts, Considering the NATURE OF THE SERVICES RENDERED UY MR. KINNEY, which unquestion ably precipitated inch an Issue as to prevent, the trial ot Smith by Judge Humphreys, his present plea that "he never employed Mr. Kin ney In his .life and never owed him a fce'r needs no further comment. TIEtASE OF THE STRONQ AlAlNST TIE WEAK. There has been no more DAN GEROUS AND UNJUST TALK' to this community than the suggestion In the present, contest that the Jap anese represent the WEAK and the Planters the STRONO side. To suggest such a situation Is to LULL "THIS COMMUNITY. INTO AN UNOUARDED 8ENSB OF SE CURITY to Its. detriment, and per haps to Its undoing later oh. There Is nothing more dangerous than a false pilot, and when Editor Stnlth put that talk out about It be ing a case pt the STRONG Planter against tho WEAK Japanese he never did a more unfriendly act to tho true Interests, ot this community, nnd never'dld an act which he knew better to be 'utterly mischievous and unwarranted. This community has been wrest ling for nine months with this crim inal organization,'' and yet that or ganization - Is firmer pn Its feet to day than ever before. It Is true that It has called the strike off. It made tactical mistakes, and It was not properly' financed. It sees Its mistakes, BUT THOSE MISTAKES NEED ONLY' TIME AND CARE TO cpRE. It has withdrawn an open strlko'tor the time being. IT HAS REORGANIZED ON NEW LINES. IT HAS COMMENDED, APPROV ED AND CONFIRMED tho authority ot those heretofore In charge of. the agitation, AND IT IS MERELY GIRDING ITS.LOIN8 FOR ANOTH ER CONTEST, This our reader doe not like to hear. We riro a poaceful communi ty, and the thpught that the trouble Is over appeals, pleasantly to the ear, but It Is a false hope, a foolish hope, and safety and security' lies only In vigilance and1' squarely facing the truth. We cannot dodge1 the rant that, though we have bad many open breaches of the peace, NOT A MAN HAS YET UEEN BROUGHT TO JUSTICE beyond two or' three men from Walmanalo, who, before the agitators could get to them, acknowl edged that they were guilty ot an open and public assault. v This Ja'nieo , Agitation, Union has succeeaVd'ln making more than a drawn b'atfle In their favor In the Wtiipahu riot, 'where hundreds ot men were ongaged In nn open riot. Imprisoned, officials of the law, and a number of them wore caught red handed in their work, but wholesale refusals ot Japanese to testify, wholesale denials of the truth' by them ,a compact organization band ed together among other purposes to block and bring tho administration of Justice to a standstill, has result ed In nothing as yet 'being accomp lished. and MEANWHILE, THE JIJI HAS PURSUED OPENLY AND DEFIANTLY ITS COURSE OF CO ERCION, INTIMIDATION AND OPEN DEFIANCE OF LAW AND PROPOSES TO, CONTINUE. This secret organization Is In ex istence and working today,, and-' the ESTATE 950 Trent Trust Co., Ltd. LOTS FOR SALE 1. Upper Fort street .section, 50 x 100 f 375 2. Puunui, 2 lots, 100 x 105, each 225 3. Kaimukl lot, 100 x 180 250 4. Llliha street lot ;.. 650' 6. Kaimuki lot, 150 ix 00 1,200 6. Anapuni street lot, fox 125 1,700,. I ' HOMES, FOR SALE - ! 1. Kalihi, 5 room house' ..w.T $1-100 2. Pacifio Heights, 5 room home 1,400 4. Xalakaua Ave? 8 rooms , ...'.. 1,600 . A $15,000. HOME Are yon intereitedin, inch a placet We hare tone thing to show interested Parties. Trent Trust Co,, JLtd. contention published by Mr. Smith that the press must be muzzled In the face of an agitation that has now been going on .for nine months and -avowedly Is to continue Indefi nitely, because there happens to be one trial among twenty-five pending ana being tried In court, will not wash. It that muzzles the press ot the community, It follows that the agi tators now, anQ for tho next sli months and for aught wd. know, foi the next six years by having some of their number up for trial,' CAN MUZZLE AND INDEFINITELY POSTPONE ANY PUBLIC MOVE MENT AND PUBLIC COMMENT AOAIN8T THI8 MOLLY-MAGUIRE COMBINATION. A newspaper cannot and, should not pervert nnd misrepresent the proceedings In court, nnd It should neither advocate the acquittal or the conviction of men' being tried, and this the Bulletin has not done In reference to any of .the strike trials, und docs not propose to do. On the other hand, It does not propose to remnln quiet as to the Higher Wage Association, Its doings'. Its work, Its plane and its progress, nor as to the work orfdolngs ot those who directly or ' INDIRECTLY" are lending themselves to its advance ments or to THE BETRAYAL OF THIS COMMUNITY. I PIOFESSOR BENIN! AND HIS FEFS. The Advertiser has referred sev1 cral times to Piofessor Denlng's compensation for 'translating arti cles from Japanese Into English ak "huge fees," i , , What was the motlvo In so doing The motlve.as'.to Impair the'Val; ue and Impnrluillty of these transla tions. The, very expression "huge fees" used In reference to this wit? ness carries the' suggestion that a large amount of money had been Used upon tho witness, to secure his partisanship. Tho reader will please remember that It Is a boast of Editor Smith that he stops at the threshold of the court house. Here are comments Those "Arnold" i Goods A Q The above cut shows the "Ar nold" Knit Night Drawlr for child ren, the ideal sleeping .garment. We nave an ages from 8. to 10 years, Prices 70c to ?2 per garment. 2 HP ?JsR?v ' J I t - about the compensation paid an ex pert witness, made pending the trial and where tho suggestive comments can reach the Jury. The editor of the Advertiser cannot Justify 'this oven on tho ground that he 'Is hit ting back. Professor Denlng has not been In volved at all In any newspaper con troversy. It Is understood his. per sonal relations with the Advertiser people had been most pleasant and as a matter of fact he has accommo dated them with translations with out charge, needed In their newspa per work. The truth Is that though Mr. Smith has probably felt no personal hostility whatsoever against Pro fessor Denlng, It suited his animus and fitted Into his purpose to slyly break the force and effect ot Profes sor Denlng's most Important trans lations by linking his name and his evidence In tho mind ot the public and the jury with the Idea of huge or excessive tees, AND THIS' FROM THE MAN WHO ABOVE ALL THINOS WANTED an Impartial and fair trial; who explains what he has done and left undone with tho'tiack" neyed' retort, "I 'want a 'fallf trial, and you don't." . , line kind of men to make promises and v WhatThV-VamiibesVgh!aW.them":i- eteatefft3lcfesnave by his actions, but us wo havo said before, don't look for a broad trail. 1 Let tho reader bear In mind the ccn utant recurrence ot thee lltllo inci dents' and square them will, giiod Ltralghtfoiward purpose and motive to wards tho strike trial., -Wo doubt It Smith himself brieves there Is anythlis;:unreas3nablb M all in the charge .of f 2000. auj expenses. Probably you can number on th-i flutt ers of, ono hand the white Men In the Emnlre of Jauan canab'c of Deform ing satisfactorily and conclusively the delicate work Involved in tlio 'tank Just performed by Professor Denlng. He will bo away for two months by. me time ne returns, and mere is no doubt whatsoever that tho fees aio recognized as entirely proper by all who understand the facts. Tho fee of one thousand dollars and expenses for an absenco ofthlrty days from .Iumn was turned down by Captain Brlnkley, and It he had anticipated treatment such as the Advertiser has accorded to Professor Denlng, It Is doubtful it he would have come for $2000. An expert who Stands in a class, whether he has only four or five asso ciates In tho same class In tho world, certainly has not to wait upon Editor Smith to get ,an opinion as to whut things aro worth. MR. DENINQ SCORES EM. (Continued from Pas 1) whon the servant hnnHpil mn n into. gram. It was from Captain Brlnkloy una ran inus; "uoum you go Hawaii forthwith, testify Japanese conspiracy PAHA fjHIM 9ltth Imat a.. 1..,.. -.-v. MVH,V vta. iu,t., utUlll duly 28th,, fee 1000 dollars gold. All ex penses: My reply, was: "I will go. Arrive Tokyo early Friday morning" (25th). Subsequently I recoived from Cap tain Brlnkley the two telegrams ad dressed to him. In the first ot those It waa'eirnrnMlvt tn1pA (tint1 n.nt.l. Brlnkley should leave oil 'the Asia, sailing; uu juiy xun. When ho wlrod baqk to Mr. Iiemen war that, ho could nnt niaalhlv Ino.o n a second cablegramihowas asked man. That telegram contained theso Words "8me Termi,"l'whlch terms ex pressly .stipulated .that tho .expert sent should be. free to return ..to Ja pan on July 17th". Now, In making terms of this kind the Attorney Genoral 'was, I presume, within, his legal rights as a represent'' alive nf thn lfnivnllfln nntrAmwnant and. the Hawaiian Judicature. - What Mr. Llghtfoot proposes Is that tho honorable men to whom has been committed tho administration of jus tice lnthl Territory should Ignore the promise made by their represent ative, the Attorney General, and Issue a warrant for tho arrest ot a man who, had It not been lor their sum mons hnd thn nnprlfln 'nrnmlaH wM,). accompanied It,, would never have Hot or Cold Meals . ARE SERVED At Any . Hour - BETWEEN 6 A, H. AND 11:30 P.M. AT THE ' , ALEXANDER YOUNd AFE ONE DOLLAR START A SAVma ACCOUHt; BANK OF HAWAII, LTD.' For Quick Communication , Use -e been here at ail. If Mr. Llghtfoot has tne legal right, to subpoena mo to ap pear on Sept. 1st. 'ho has the right to go on subpoenaing-me to tho end of time. I came here to glvo evidence In tho Conspiracy trial. When that trial Is over my duties will be ended, and It will then become the duty of tho At torney General to see' that the prom ise mado to me by the Hawaiian Gov ernment, whose mouthpiece ho Is, rel ative to my return to Japan, Is car' rled out, and this, I am confident, ho wilt do, despite tho noisy bluster nnd the 'legal or Illegal trickery on which Mr. Llghtfoot depends. According to Mr. Llghtfoot's theory, what among . prlvnto Individuals would bo considered Hiifnclentl Cls graceful to cause the banishment of Its perpetrator from decent society may bo rightly resortedto by the Ha waiian Government. I know very lit tle about Hawaiian law, but I havn had tho privilege ot mooting a good many Judges and attorneys down here, and.. Hhsve found them highly en dowed with tho Instincts of a gentle man, and that Is enough tor me. rs'ay'to'Mr. Llghtfoot, Try your ar. restlno dodge for all It is worth and t"wht happsnsl T'trust my cm ployers'he're Implicitly. They" arc not been made In the Advertiser to what It Is pleased to, call my ''huge febs." My employment was unsought by me and no one has been compelled to ac cept' my services. " I have thus far been treated with the utmost courtesy by everyone, but I confess It was unpleasant to find my name coupled in the Advertiser with arrest and In glaring headlines. It is perhaps in tho samo spirit that the Advertiser has referred repeated ly to my "huge fees." In this connection It may bo noted that the JIJI Is following faithfully In the footsteps of the Advertiser, and contains repeated references to huge fees! . I think, sir, I havo made my position clear to your readers in this letter and have shown up tho absurdity of the line taken by tho .Advertiser at the dictation of Mr. J.'Llghtfoot, whoso notions of Justice and honor seem to me to be extremely hazy. I am, yours, WALTER DENINQ. August 14, 1909. Frank Perrle'ra, ,who was nrrested yesterday for attempting to commit en the maximum sentenco provided by the law, but that only amounted to a $101.10 fine. Perrlera claimed that ho was drunk and did not re member anything about the affair. UlLLfTIM Ann ssv m -c ft'l Wichijian's ' 4 for A':X--tii ':-rttt'- Watch :-y '-'v H, F. Wichman 3 ,. Ltd., . i,.":v- sfl w 4 Wireless $m j ,.4iri:'iL:.VtLia..Tf ' '' nj ( ! ft Wimm wmfcun umIMm A, .. & eskfe.ijS. -tJ"l1",r"'1 '-l', ,- , ', 1 1 -HlfiSSt-, LtkJis..yia.w-