The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1894-12-24

SIXTH DAY.
Judge Perry rendered his decision
on the case this morning as follows:
The statute OF 1892 defines the duty
Of this Court in cases OF this nature
to be to consider whether there is
probable cause to believe that . Jury
would upon the evidence adduced
convict the accused of the offense
with which they are charged. 1t is
not in its power to say whether or
not defendants are guilty OF such Of
Tense. The essence of the offense
here charged consists in the unlaw.
full agreement and combination OF
the parties, aud it is completed
whenever such combination is form
ed, although no act be done towards
carrying the main design into effect.
II is not even necessary that the
means for the accomplishment Of
the desired object he settled or re-
solved on at the time. As soon as
the union Of two wills Is perfected,
the offense is complete; at any time
thereafter another may become .
partaker in it by joining the con-
trivers, and the least degree Of con-
sent or collision Is all that needs be
shown. The joint assent Of the
minds may be established IS an in
ference from the other facts proved,
i. O., by circumstantial evidence.
First, as TO defendant Weed. The
evidence adduced by the prosecu.
ton, briefly stated, 10 that at the
time when the conspiracy is shown
to have existed, Weed INDUCED in
talk against the Republic, and said
to witness Osmer in effect, "If you
have any guns, bring them around"
That thereupon Osmer agreed to de-
liver to him . gun on the following
day, which was done; that Weed also
said that he had many men in the
Palace under his control ready for
their side, but to whom he referred
by their witness did not know; that
Weed and Crick were once seen in q
saloon engaged in conversation,
which however witness did not hear.
This, II seems to me, although tend.
ing to show an Intention on Weeds
part to oppose the Government by
force and, possibly, that he was in
league with others to carry out that
purpose, does not show . conspiracy
by him with the other defendants, or
any OF them. Aud that Is what he il
charged with. As TO Weed, then the
testimony does not, in my opinion,
warrant commitment for trial, and
he il discharged.
The evidence produced against
the other defendants 10 that they,
on various occasions, the 6rst OF
which was August Nth last, held
conversations at the house OF de-
PENDANT Bush in presence OF one or
the other Of witnesses Van Giesen
and McEvoy, in the nature OF dis.
cussions Is to ways and means for
accomplishing the overthrow OF the
Government BY force; that at some
Of those meetings q map OF Homo
lulu was produced, the strategic
points marked thereon and discuss
cd, and the residences OF prominent
officers OF the Government that were
to be- guarded to prevent the occu-
pants from rushing out to its aid,
selected; that different plans Of at.
tack were proposed, aud the neces-
sity Of more arms, and especially
the lack Of money for the purchase
OF the same, dwelt upon; that q list
was prepared OF the public build.
ings to be taken or destroyed; OF
officers OF the Government whose
residences were To be guarded, and
OF places where arms were to be oh.
tanned, that, for the purpose OF
carrying out the objects OF the
conspiracy, defendant Crick pro-
cured arms aud ammunition, part
OF which was stored by him on the
premises occupied by himself joint
ly with Van Giesen, and part de-
livered to him in Bush's premises
aud later found there with other
arms by officers, in q secret receipt
acle in wall Of Bush's place. For
the defense evidence was introduced
tending TO show that in the middle
OF January last, the attention OF de.
PENDANTS was called to the fact that
McEvoy was a spy in the employ Of
the Government, and the same as to
Van Giesen, some time later. Two
men engaged in the printing room
OF defendant Bush in the house
where the alleged meetings, or con
yersations took place, said that they
did not think it possible that such
could have occurred without their
knowledge, but as to this, FROM the
further evidence OF those two men,
! am Of opposite opinion.
Defendant Nawahi denies ia toto
the truth OF the statements OF the
witnesses for the prosecution as
to his being present or taking
part in any Of said meetings, and
seeks to show by his own testimony,
as also that Of his wife and
one other witness, that when the
meeting OF Aug. II is said to have
taken place, he was at a luau at Pa
lama. But from all the evidence az
to the hour OF the meeting, which
was not definitely fixed by McEvoy,
and as to the hour when Nawahi sat
down to the feast, which also was
not definitely fixed, it seems to me
that the two statements are not
necessarily inconsistent, and that
an alibi has not been satisfactorily
proven. 1t is contended for tho de-
fendauts that the information con.
veyed to them OF Van Giesen's and
McEyoy's true Office, renders /,