The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-10-29

the palace ana actually engage IN the
overt act of war, that branch of the overt
act of war; if you should find that he
was present when arms were being pre-
pared with view to using them to carry
out the intention of setting aside the old
constitution or proclaiming new con-
stitution by force and thereafter ousting
the Ministry, that would be sufficient,
gentlemen, to convict him of being one
of the conspirators, or being guilty OF
conspiracy to commit treason; and if the
Jury find from the evidence that defen-
dant was party to project to overturn
the government or change the constitu-
ton by force OF arms, or the display OF
such force, he should be convicted. 1t is
not necessary that he shall be proven to
have done anything further than the
giving of his assent to such project. 1t
is not essential that the Crown should
produce direct and positive evidence OF
such assent, the fact OF conspiracy may
be inferred from circumstances and the
concurring conduct of the defendant
need not be directly proved.
l am reading you from the requested
charge from the Government.
''The meetings at Palama wherein
was discussed and pursued a project of
torcibly overturning the Government, If
the jury believe that such meetings
took place, were illegal meetings. Ii the
Jury believe that the defendant was
present at any of such meetings, such
presence unless explained to their salts
faction may be ground to infer his COM
plicity in their object" OF course, you
understand the way that Mr.. Crownin
berg and Mr.. Cummings and Mr.. Tesla
explained their presence there; sup
pose the Government would not charge
them as being co-conspirators if they be-
lieve their statements; that is to say, If
they have no other evidence than as
given by themselves that they came
there under an invitation to social
party and on their refusing to take oath
or join in the project" as it is called,
were put under guard and finally es-
capped or were let go after considerable
discussion, their only ofense, if it be
punishable offense, would be the knowl-
edge that such things were contemplated
and not revealing them to the authori-
ties, this was an offense originally when
this statute was enacted, but unfortun-
ately there being no governors at pres
Glll, lAiCIG 10 uO pIONlSlOl III lllC law ny
which any person takes the place of the
governor, so it would be probably impos-
sible to convict them OF having guilty
knowledge of the plot to commit treason
and not disclosing it.
''If the jury believe from the evidence
that the defendant knew the unlawful
purposes of any meeting attended by
him and assented either expressly or
tacitly to such purpose, he should be
convicted provided the jury further be-
lieve such object to have been the levy
ing of war against the authority OF the
Hawaiian Government, which is sub
stantially the same as the other, and sit
is not necessary for the Crown in order
to secure a conviction, to show that the
defendant took an oath to preserve
secrecy or to otherwise promote any
Illegal purpose, if his assent was given,
that is sufficient" and as has been said
''such assent may be infer
red from all the circumstances of the
case as disclosed by the whole evil
dence."
cannot charge number six Mr.. Attor-
perhaps l need not COM
ment upon it. would merely say this,
that person not knowing of any of the
preceding proceedings, but merely going
in on the palace premises on the morn
ing of the 30th and assisting Mr.. Will
cox's party could not be convicted of
although he might be con-
victed of treason.
l shall not give number seven either,
as being unnecessary.
Now, gentlemen, am also requested
to charge on behalf of the defendant,
and l charge you on the other hand,
''unless the jury can find that the de- |
PENDANT agreed with Wilcox or others to
commit treason, or in other words, that
he combined with Wilcox or others to
accomplish by their united action
criminal purpose, he is entitled to an
Certainly, unless the Government |
have shown to your satisfaction that the |
defendant had combined with others to |
commit treason, then they have not |
proved their case and he would be emit |
tied to an acquittal.
"To convict the defendant a mere
discussion between him and others about |
into conspiracy, ID suppose
the attorney means before it was formed) |
Cor about the means to be adopted for
the purpose to commit the treason, is |
not sufficient unless the scheme is in
fact assented to and concurred in by the |
parties so that their minds meet for the |
OF the proposed unlaw
ful act" l charge you that that is the
law; at the same time, it is not neces-
sary that every part of the plan OF the
chief mover, Mr.. Wilcox, should have
been disclosed to all of the confederates
it is not necessary that their minds
should have met in every part of the
scheme. You can conceive, gentlemen,
how it might be the case in some con-
spiracies to commit treason, that the
leader would alone know all of the plans
which he intended to adopt, and if he
had large body of armed men and told
them enough to secure their consent,
enough so that they would come with
him up to- certain point, that would be
sufficient to convict them of conspiracy,
even though the consequences or all the
acts were not developed to
them.
'The understanding, combination or
agreement between the defendant and
Wilcox or the defendant and others to
effect the unlawful purpose charged,
must be proved to sustain a verdict of
guilty." l give you that instruction.
"A mere sympathy not exhibited in
overt acts is not sufficient to constitute
the ofense," but acts may be those from
which assent may be inferred.
There may have been many sympa-
thlZerS, but unless they went RI the