The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-06-03

Sovereign there could he no overt
act. In other words, il the law pro.
vides that conspiracy to dethrone
the sovereign shall be treason, that |
in itself, the mere combining and |
confederating of those parties to- |
gether to accomplish that end, is an
overt act of treason. With regard |
to this section 8 under which counsel !
says that a conspiracy to commit
treason could not be treason except
on the testimony OF two or more wit
nesses to the same overt act. Now
if your Houor please if our statute
makes plotting or conspiracy to
commit treason, treason, it does away
with the meaning of the word overt
in its broadest sense, it makes that
conspiracy to confederate such an
overt act as may be proved by the
testimony of two witnesses.
With regard to the meaning of the
word plotting" l desire to call
your Honor's attention to what l
take to be the highest authority that
we have, the Century Dictionary, on
the definition OF the word plot. 1t is
"to plan, form plans for, devise, con.
trive, conspire to effect or bring
about, to form a plan or scheme,
especially to conspire,' - and the word
"plotting" is defined to be "the act
of forming or attempting stratagem
or conspiracy" The definition as
given in Webster's Unabridged Die
tionary of the word "plot" is, "to
form scheme Of mischief against
another, especially against a govern
ment."
Nor from other authorities from
which l have cited, think that it
cannot be gainsaid that the word
plotting or plot as used in our statute
is synonymous with the word con.
spiracy. In the nature of things, in
the nature of the words, plot is a
conspiracy, and conspiracy would
be al plot. But plotting, as your
Honor will see from the definition in
Webster's Unabridged Dictionary, is
the term which is applied TO a con-
spiracy directed against sovereign
or government. 1t would hardly be
proper to use the synonym con-
spiracy in charge against persons
for plotting to dethrone or overthrow
government The word which
means the same thing and which is
the better English to use, is the word
plot, but they mean exactly the same
thing, plot is conspiracy and
conspiracy is plot.
If that is the case, the answer
which the counsel had to make to
your Honor's question as to whether
in a conspiracy to commit treason
there would be any overt act, the
counsel said in conspiracy there may
be no overt act, everything may be
in talk alone, but the words must be
with some definite object, they are,
the crime itself; that in conspiracy
to dethrone there would be no overt
act as contemplated in the meaning
of the, authorities which counsel has
cited. So much then if your Honor
please for the meaning of our word
plot, with this exception, that | de-
sire to read from your own charge
which | think is, as far as this case
goes, res adjudicuta. This point was
raised before and your Honor has
passed upon it.
In considering the demurrer upon
that point your Honor said, 81 am of
opinion that plotting to dethrone and
destroy the Queen is an overt act in
itself" That if your Honor please
is my contention. Then your Honor
cites from Bouvier's Law Dictionary,
IAN overt act in treason is proof of
the intention of the traitor because it
opens his designs" q Bouv. l.. D..
26O. IA conspiracy to levy War
against the Kings person may be al
legged as an overt act Of comprising
his death" (l Hawk. P. q. 81.
The word overt does not mean pub
lie in distinction from hidden OF
covert, but rather manifest in d s.
tlnction from vague or indet terminate.
think that last definition covers
the point entirely, that these men al
the times we have shown and charg-
ed have met together, and that they
: aid concert and agree and conspire
and plot to dethrone the Queen and
to form an Independent republic OF
what is now the Kingdom of Hawaii
| say we have brought them clearly
and distinctly within the definition
which is given IN that section o!
. chapter six of the Penal Code. The
} evidence | need not to go into in de
r tail. Plotting and conspiracy, which
, are synonyms as / have shown You
/ Honor, do not consist in one talking
they may consist of one act now, one
, tomorrow, and running on through
: a space of months. Now, what il
: the evidence that we have shown
r Your Honor We have shown yol
by the testimony of lot of witnesses
t that at divers times from the l0tl
day Of April up to the 10th of Ma,
Loft 70 nn 1,f xfl,,