The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-08-23
COURT CHRONICLE.
Conviction and Sentence Of Crown
Jewels Thief The Conspiracy
Trial On.

OOuVlCClOu Huo peuteuCo VI STOWu
Jewels Thief = The Conspiracy
Trial On.
The foreign jury yesterday rem
dered a verdict of guilty against
George Ryan, charged with larceny
second degree for plundering the
royal crown. This morning the pri-
soner was sentenced to imprison-
ment at hard labor for three years
and to pay fine of $500 and $3.50
costs.
T. B. Walker and Archibald Sin
clair we're put on trial this morning
for conspiracy against the Provi-
sional Government. Attorney Cen
eral w. o. Smith and A. S. Hartwell
for the prosecution; A. p. Peterson
and G. Creighton for the defense.
In compliance with request for
ruling on the question, the Court
ruled that the prosecution had only
three challenges, and the defendants
each three. AS will be seen below,
the prosecution used two Of it's three
challenges, and the defense all OF its
six challenges.
T. NJ. Starkey, r. ]. Greene, j. X.
Wilder, @. Bosse and l.. G. Ables
were excused for cause.
w. F. Love and j. j. Sullivan we're
excused by the prosecution.
9. B. Ripley, Jas. Steiner, Geo. P
Castle, E. w. Jordan, H. F. Wich-
man and S. e. Wilder were excused
nv the defense.
The following jurors being salts
factory we're sworn to try the case
Godfrey Brown, Chas. Lucas, S. l
Shaw, G. j. Mccarthy, j. j. Egan
Henry Davis, Tom May, F. w. Mac
farlane, j. b. Anderton, T. S. Doug
las, F. j. Lowrey and E. Lewis.
Simon Won Topaz was the first
witness called for the prosecution.
Mr.. Creighton objected to witness
stating what the defendants stated
to him, as statements we're not adj
missable to prove conspiracy 'unles:
conspiracy is first established.
The Court over-ruled the objec
ton, and Mr.. Creighton noted ex
ceptions to the ruling.
At the opening of court after re-
cess Mr.. Hartwell argued that the
words of defendants taken separate
ly could be used to prove their con
spiracy.
Mr.. Creighton, replying, contend
ed that there must first be proof o
a conspiracy, a confederacy, meet
ing of minds, before individual de
clarations of defendants can be uset
against them. He cited Wharton
an eminent authority ON evidence
that common object must be shown
between alleged conspirators to es
tablish foundation for the recep
ton of Individual statements, excep
that the Court in its discretion ma
accept the engagement of the pro
secution to prove conspiracy later il
the proceedings.
Judge Whiting said he had give
his ruling, unwittingly, under tn
impression that the prosecution ha
made such an engagement. If tn
conspiracy was not proved late
evidence duplicating Walker onl
would not hold, as one man canno
commit conspiracy. 1t had been tn
practice in the Hawaiian courts t
exhaust witness at one time, rattle
than have him tell part Of his stor
once and the rest again. The ruin
should stand.
Mr.. Creighton noted exceptions {
the ruling.
Won Topaz resumed his evidenc
Walker had told him and Presco
: that there we're 1000 men engage
to put down the Provisional Cover
ment and restore things as they we
before. Spreckels and Campbe
we're backing the movement wit
money, and Blount GU. S. Ministe
and Wodehouse British Ministe
were on their side. The Cover
ment was to be blown up. If wi
q ness and Prescott joined them, the
i would get jobs in the Custom Hou
? after the Queen was restored. The
!. could show their friendliness /
t using the password "Walker" Wi
ness repeated the story about &
underground passage into the p
3 lace, hut later was not sure VIII
:, way Walker said he was going
t get into the palace without anybot
= knowing it. His story is the san
y as he delivered in the Distri
r Court.
Major Wodehouse, British Min
!. ter Resident, is attending the tri