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

the same overt act are necessary 10
procure conviction, it has been
claimed that while there must be
two witnesses on trial TO some parti-
cular overt act in order To secure a
conviction, but with the grand jury
it is enough that one witness prove
one act and another prove another
act, or that there be one witness to
an act with corroborating circum-
stances.
As have said, plotting being
synonymous with conspiracy, the
general rules Of evidence which APP
ply to the conspiracy to commit any
other otfense, or any offense at all,
have application to this charge. "In
cases OF crimes perpetrated by sew
eral persons when once the conspi.
racy or combination is established,
The act or declaration of one conspi-
rator or accomplish in the prosecution
of the enterprise is considered the
act or declaration of all and there.
fore imputable to all. All are deem
ed to assent to or commend what is
said or done by anyone in further
ance of the common object. Assum-
ing such conspiracy to exist
(Which is TO be inferred from circum-
stances) the declarations of one CO.
conspirator in furtherance Of the
common design as long as the con-
spiracy continues are admissible
against his associates, though made
in the absence of the latter. -
Wharton Criminal Evidence Sec. 699.
Then again, Section 70l, it is not
material what the nature of the in
dictment is provided the offense in
wolves conspiracy. That is just the
case here, it is not material what
the nature of the indictment, what
the nature of the crime charged
is, il it involves conspiracy.
We have cl arged these men
with plotting TO dethrone Her
Majesty the Queen and that neces-
sarily involves conspiracy. upon
an indictment for murder, for in
stance, if it appear that others to-
gether with the prisoner conspired to
perpetrate the crime, the act Of one
done in pursuance of that intention
would be evidence against the rest. /"
Now, therefore, if Your Honor
please, l think l have demonstrated
clearly that this is conspiracy and
does involve conspiracy, and there
fore the admission that counsel had
to make when Your Honor question
ed him, in the question as to the
overt act, that in conspiracy there
may be no overt act, everything may
be in talk alone, in words, which are
the crime itself. While l have not
got counse's language down strictly
as he gave it, that is the sense Of his
answer TO Your Honor's question and
1 submit then that it fully agrees
with the opinion which Your Honor
has given already upon this point,
which l claim to be res dajudicdta
in this case, that the fact of plotting
is in itself an overt act. l do not
desire to say anything further or to
make any remarks as to public opin-
ion or public feeling in this matter,
as think it has nothing to do with
this case. AS Your Honor has init
mated when suggested by counsel
the other day that the public were in
great measure trying this case, that
they were not trying it, L say from
the counsel's own admissions and
the counsels own argument this
morning, it is very lucky that he is
not correct; If he was, from his own
admissions there would be unani-
nous verdict of guilty without going
any further or having any further
proceedings in the case. l submit
from the law which / have presented
and the evidence have shown Your
Honor covers this space of time and
shows that this conspiracy was going
on, continuing conspiracy, that
that proof is ample, is more than
ample to produce in Your Honor's
mind conclusion that there is prob
able cause to believe from the evil
dence that jury of this country, an
impartial and unprecedented jury,
would convict these defendants. 1
submit then, if Your Honor please,
that the motion to dismiss should be
overruled, and that the defendants
should be put on their defense.
MR. DAVIDSON addressed the Court
briefly in reply, holding that nc
overt act had been proved. There
was no crime in secrecy. Defend
ants object was shown to be equal
rights, and anybody not in favor OF
equal rights should be sent to Botany
Bay. IL defendants had no right &c
assemble they were the most de-
graded slaves on earth. He saw
nothing degraded in their faces.
Anyone could see that these people
were after reforms. We have learned
experience by the sufferings of a
great people the Engiish-under
harsh laws, and have learned to pro
tect the rights of the people.
ATTORNEY GENERAL WHITING clos
ed the argument with the citation OF
a Hawaiian case in point.
JUDGE DOLE took the case under
advisement, promising decision a.
i III Il ii.