The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1893-06-30
THE CONSPIRACY CASES.
THE MOTION TO DISMISS is
oVERRULED.
And the Court Proceeds With the TAX
ing of Testimony on Behalf Of
the Defendants.


an hour to allow of the dispatch of
some minor cases. At eleven o'clock,
in the presence Of a crowded court
room, Judge Carter called the case of
the Provisional Government VS.. Walker,
Sinclair and Crlck, and read the follow
ing decision on the defendants motion
to dismiss
The Court regrets very mnch that
the limited time at its disposal for
coming to a conclusion upon this
motion has prevented a more thorough
and careful analysis of the evidence
offered on behalf of the prosecution as
the Court would liked to have made,
and the conclusion reached must not
be taken as indicating in any way a
conclusion which might be reached
upon a full examination of the testi-
mony taken. 1t must be remembered
that the motion is simply preliminary,
and that, as is ordinarily the case with
a motion Of that kind, it does not carry
the weight of one made at another
stage of the proceedings. l have
hastily written down some of the points
| have gathered together, which l will
read.
Defendants are charged with con
spiracy Conspiracy is defined by our
penal code to be malicious Comblna-
ton or mutual understanding or con
certing together of two or more to
commit, etc" A conspiracy, therefore,
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 eX-
press 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 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. 1t is sufficient if two or
more in any manner, through any con.
trivance, positively or taCitIy come t.
an understanding, Base mbination
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 constitute a 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
byimd fdcie 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
dence 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 Govern
ment entirely independent. The de-
clarations 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 Sinclair's house, and
these, with other like matters, though
very slenderly, connect CriCk with the
others charged sufficiently to make it
impossible 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.
The first witness for the defense was
John Phillips, who testified that Mar
mont's veracity was not good, especially
with the people he lived with, and that
he had bad reputation generally.
A. M. Brown testified that he was
deputy marshal and as such had
searched the premises Of Cummins and
Walker on the day of the arrests, an6
had once searched the Central House
but had found no explosives.
John Cummns testified that he wa;
related to Walker, and that all of Mar
mont's testimony in relation to drilling
men at his house was untrue. He hac
given Colonel Soper list of the arms
in his possession some time since.
Major Seward, Cummin's private
secretary, conoborated all that he hac
sworn to, but went into details abou
the stables, yard, etc, at the residence
Colonel J. H. Soper was the mex
witness called. He was examined az
to lists of arms in his possession, anC
was finally asked if he thought it wa
probable any one on the Islands coulC
have 1000 stand of arms in his posses
sion unknown to the Government, t.
which he replied that it was not.
The Court then adjourned to I:45 PM
n &6a