The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-07-04

concerting together of two or more 10
commit, etc. A conspiracy, there
fore, consists not merely in intention,
but in agreement, by two or more
persons. There must be a 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 OF
consent or coIIusion is sufficient, and
this Joint assent of minds, like all
other parts of criminal case, may be
established as an inference of the
| Jury. 1t is sufficient if two or more
! in any manner, through any contri-
vance, positively or tacitly, come to
an understanding. Bare combina-
! tion 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 constituted con-
spiracy, that the means should be pre-
determined. The question here is
whether there was any collusion. The
evidence, so far, clearly indicates that
there was between the defendants
Walker and Sinclair. But is there
prima facie evidence that Crick was
one of these? 1t is very slight, and
the court is called upon to consider
whether it is sufficient to put him
upon his defense.
''The only manner in which | can
reach a conclusion is by reversing the
proposition in this form: Is there
probable cause to believe, on the evil
denee offered by the prosecution in
support of the charge, that jury
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 collusion as to explosives to
be used, the two were seen together
the person to whom the
declarations had been made, and on
other occasions. Crick roomed in
Sinclair's house, and these, with
other like matters, though very slen-
ierly, connect Crick with the others
charged sufficiently to make it impos-
sible for me to believe that his design
was Independent of that of the others.
1.-THE motion for discharge is there
ore overruled, and the accused may
proceed with their defense"
At the conclusion of the reading of
he decision, the defense placed John
Philips on the stand. He testified that
lie knew ]. p. Marmont, and that his
for truth and veracity was
7ery poor with people who knew him
Marshal Hitchcock testified that he
Knew the defendants. Knows Mar
mont. He was and still is detective.
1armont had made q report on the
rill at Cummins' place. Did not re-
member the date. He had put the re-
'ort away, but could not now find it.
larmont held his commission when
he reportSWas made.
Deputy Marshal Brown testified
hat he had made the search at John |
)ummins' place. Had found q rifle
nd number of cartridges. Had also
earched Crick's room several times,
ut had found no munitions of war.
The prosecution admitted that moth
ng of warlike description had been I
1und, except the rifles already testi-
ed to.
J. y. Cummins testified he was the
lther-in-law of T. B. Walker. Had
cen no armed men drilling in his |
tables. He would have known if any Z
ad ever been there. The stalls of his
able have wooden floors. !
w. I. Seward testified that he was n
he private secretary of J. A. Cum
lins. Explained the location and
Ian of the stables by diagram. l
here had been no armed men drill
ng on the premises within three O
lonths past. Had reported a list of E
rms to Mr.. Soper, including his own.
In the afternoon, after listening to s
le argument OF counsel, Judge Carter p
announced that he would take the
Use under advisement. e