The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-06-28
THREE MEN ON TRIAL
First Day Of the Preliminary
Examination,
Evidence to Show that Walker, Sinclair
and CriCk COnSpired to Over
throw the Government.

CTOWueu UnlS luOTnlnS WIFI people
anxious to hear the conspiracy case
of T. B. Walker, Archie Sinclair and
E. G. Crick. Shortly after the Court
business opened at $3.50 o'clock,
Magistrate Carter after a short con-
ference with both counsel, announced
that the case would come up at 1920
o'clock. By that time the crowd
had increased, and extra chairs and
a bench had to be put in to accom-
modate the people. j. A. King,
Minister of the Interior, appearing
in the Courtroom was asked by
Judge Carter. '"Would Captain King
like to sit up here?" "No, mol" re-
piled Mr.. King. The prisoners were
brought into Court at 1O:40 o'clock,
neatly attired, and presenting the
appearance of anything but con-
spirators.
Judge Carter wished to state be-
fore the proceedings commenced
that Judge Foster and himself had
made arrangements with each other
so that he Carter would preside on
Tuesday, Wednesday and Thursday.
To decide whether he would be ac-
ceptable to defendants they had ad-
dressed letter to Creighton, coun-
sci for the defense, and had received
a reply accepting the substitute.
Attorney General Smith stated
that A. S. Hartwell assisted the pro-
secution.
Chas. Creighton, preferred to have
charge read again. 1t was usual in
important cases, and professional
courtesy, for the prosecution to serve
the defendant with a copy of the
charge.
Judge-Not unless asked for.
Creighton did ask for it.
The Attorney-G General then read
the charge as previously reported.
Creighton objected to the charge
as read, as it contained seventeen
different offenses. There was a
charge of levying war, and PROPOSE
ton to take the Executive building,
and conspiracy to do something
else, and so on. 1t was impossible
to meet the charges at one time.
Counsel must have one square issue
to plead to the charges, as they
stood unspecifed. Counsel wanted
to know whether his clients were
charged with the whole OF Section
and seventeen other charges or
what?
A. S. Hartwell said the constitu-
ents of the offense are named in the
section. A person can be guilty of
doing any of those acts for which
these men are charged. Defendants
were not required to plead. The
District Judge was only sitting as a
committing magistrate to examine
evidence. In Section of said Act
there are three acts.
Creighton pointed out three dis
tinct crimes in the section as read
by counsel.y
Hartwell-Beg pardon, l said acts.
Creighton = Well, yes, acts are
crimes under this section. Counsel
read the p. G.. conspiracy act and
calculated five distinct charges. He
was p; epared to meet any clean-cut
issue fairly, squarely, and right to
the point, but he would possibly
meet the whole section with its
numerous charges.
Hartwell submitted that the
charge was not in the alternative
The different charges constituted
one offense. If it was difficult tC
meet the charge, that was counseP'
misfortune.
Creighton thought there was nc
difficulty to meet the charge. He
read the warrant. The indictment
did not hold water and would bt
thrown out of court. He compared
the document to the Ho Fon con
spiracy indictment. 1t was in thu
alternative and specified no charge
and was thrown out of Court.
Hartwell made an explanation o
the Ho Fon conspiracy case.
Creighton was glad to know tina
counsel for the prosecution hat
drawn the Ho Fon indictment ant
remarked its not holding water. TIL
prosecution probably wanted to g
on fishing excursion. He was pre-
pared to prove the men not guilty
j. A. Magoon quoted chapter i
the Civil Code in support of the Ct
tation that crime must be specified
A man is held for malicious injur
in that he had done specified ac'
) Chapter % Penal Code contentio
is made that every act must be sc
out specifically. The same rule az
piled here exactly. They must d
one thing to come under this law.
Hartwell quoted Chapter 8 of tn
) Penal Code when in charge of NAL
cious injury there were five offense
Under the charge in this case thel
is one penalty.
, Creighton objected to the scoE
also of the charge, the warraI
reading within the three month
last past. 1t gave them all IL
leeway they wanted. He read Sc
ton / chapter Is defining this poin
In any other country the prosec
= ton had to specify day, date an
J. hour.
j Smith, heatedly - The Supren
e Court decided that, aud you kno
!: il!
Creighton admitted that there W
Il some Latitude in this country. A m'
I! may be charged with II crime with
- twenty-five years past. Nevcrthele
" lac proposed to meet all evidence al
10 brand it as lies,
le judge Carter felt 50 much unc'
" tainty as W his ability 10 preside