The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-07-01

At IL o'clock yesterday morning
Judge Carter read the following de-
cision on the motion made by Mr..
Peterson to dismiss the defendants
Defendants are charged with con-
spiracy. Conspiracy is defined by our
penal code to be a malicious COM
bination or mutual understanding or
concerning together of two or more to
commit, etc. y conspiracy, there
fore, consists, not merely in intention,
but in agreement, by two or more
persons. There must be previous
concert to do the unlawful act. Their
agreement is an act IN advancement
of the intent of each. The agreement
may be express or implied, and it is
not essential that any but the leading
| conspiratorS know the exact part
each is to perform. The least degree or
| consent or collision is sufficient, and
| this Joint assent of minds, like all
| other parts of criminal case, may be
established as an inference of the
! jury. It is sufficient if two or more
| in any manner, through any contr1-
vance, positively or tacitly, come to
an understanding. Bare combina-
ton with joint design is sufficient.
| "The common design or object OF
| the defendants is clearly disclosed by
! the testimony to have been the over
| throw of the Provisional government.
! 1t is not necessary, to constitutes con-
| spiracy, that the means should be pre-
determined. The question here is
whether there was any collision. The
evidence, so far, clearly indicates that
| there was between the defendants
Walker and Sinclair. But is there
prfma facie evidence that Crick was
one of these? 1t is very slight, and
| the court is called upon to consider
| whether il is sufficient to put him
upon his defense.
"The only manner in which I can
reach a conclusion is by reversing the
proposition in this form: Is there
probable cause to believe, on the evil
dence offered by the prosecution in
support of the charge, that 81 54ry
would accept the hypothesis that
| Walker and Sinclair, on the one
hand, and Crick on the other, were
both designing the overthrow OF the
| government entirely Independent.
| The declarations of Walker and Crick
indicate collision as to explosives to
be used, the two were seen together
visiting the person to whom the
declarations had been made, and on
other occasions. Crick roomed in
Sinclairs house, and these, with
other like matters, though very slen-
Derby, connect Crick with the others
charged sufficiently to make it impos-
sibIe for me to believe that his design
was independent of that of the others.
''The motion for discharge is there
fore overruled, and the accused may
| proceed with their defense"
At the conclusion of the reading of
the decision, the defense placed John
| Philips on the stand. He testified that
| he knew J. p. Marmont, and that his
| reputation for truth and veracity was
very poor with people who knew him
| intimately.
Marshal Hitchcock testified that he
| knew the defendants. Knows Mar
mont. He was and still is a detective.
| Marmont had made n report on the
drill at Cummins' place. Did not re-
| member the date. He had put the re-
! port away, but could not now find it.
| Marmont held his commission when
| the report was made.
Deputy Marshal Brown testified
that he had made the search at John
Cummins' place. Had found a rifle
and a number of cartridges. Had also
searched Cricll's room several times,
but had found no munitions of war.
The prosecution admitted that moth
ing OF Il warlike description hail been
found, except the rifles already testi-
fed to.
J. \. Cummins testified he was the
father-in-Iaw of T. i. Walker. Had
seen no armed men drilling in his
stables. He would have known if any
had ever been there. The stalls of his
stable have wooden floors.
w. T. Seward testified that he was
tho Drivate secretary of J. A. Cum
Minis. Explained the location and
plan of the stables by a diagram.
There had been no armed men drill
ling on the premises within three
months past. Had reported list OF
arms to Mr.. Soper, including his own.
In the afternoon, after listening to
the argument OF counsel, Judge Carter
announced that he would take the
case under advisement.